W. Va. R. Proc. Child & Neg. Proceed. 36

As amended through January 31, 2024
Rule 36 - Findings; disposition order
(a) Findings of fact and conclusions of law; time frame.- At the conclusion of the disposition hearing, the court shall make findings of fact and conclusions of law, in writing or on the record, as to the appropriate disposition in accordance with the provisions of W. Va. Code § 49-4-604. The court shall enter a disposition order, including findings of fact and conclusions of law, within ten (10) days of the conclusion of the hearing.
(b)Permanent placement review conference.- In the disposition order the court also shall state the date and time of the first permanent placement review conference required under these rules.
(c)Contents of disposition order.- The court also may include in the disposition order the following information:
(1) Terms of visitation;
(2) Services to be provided to the child and family;
(3) Restraining orders controlling the conduct of any party who is likely to frustrate the disposition order;
(4) Actions to be taken by the parent(s) to correct the identified problems;
(5) Conditions regarding the child's placement, including steps to meet the child's special needs while in placement;
(6) If the child is separated from siblings, steps to unite them and/or to maintain regular contact during the separation if it is in the best interest of each child; and
(7) Terms and conditions of the family case plan or the child's case plan.
(d)Notice of permanency hearing.- If a permanency hearing must be conducted pursuant to W. Va. Code § 49-4-608, then the disposition order shall state the date and time of the permanency hearing.
(e)Interaction with administrative processes of the Department.- The court has exclusive jurisdiction to determine the permanent placement of a child. Placement of a child shall not be disrupted or delayed by any administrative process of the Department, including an adoption review committee or grievance procedure.

W. Va. R. Proc. Child & Neg. Proceed. 36