(a) As a part of the disposition for a juvenile who has been adjudicated delinquent, and who has been determined by a risk and needs assessment to be high risk or who has committed an act or acts of violence, the court may, upon its own motion or upon request of counsel, order the juvenile to be delivered into the custody of the Director of the Division of Juvenile Services, who shall cause the juvenile to be transferred to a juvenile diagnostic center for a period not to exceed thirty days. During this period, the juvenile shall undergo examination, diagnosis, classification and a complete medical examination and shall at all times be kept apart from the general juvenile inmate population in the director's custody.
(b) During the examination period established by subsection (a) of this section, the director, or his or her designee, shall convene and direct a multidisciplinary treatment team for the juvenile which team will include the juvenile, if appropriate, the juvenile's probation officer, the juvenile's case worker, if any, the juvenile's custodial parent or parents, the juvenile's guardian, attorneys representing the juvenile or the parents, the guardian ad litem, if any, the prosecuting attorney and an appropriate school official or representative. The team may also include, where appropriate, a court-appointed special advocate, a member of a child advocacy center and any other person who may assist in providing recommendations for the particular needs of the juvenile and the family.
(c) Not later than thirty days after commitment pursuant to this section the juvenile shall be remanded and delivered to the custody of the director, an appropriate agency or any other person that the court by its order directs. Within ten days after the end of the examination, diagnosis and classification, the Director of the Division of Juvenile Services shall make or cause to be made a report to the court containing the results, findings, conclusions and recommendations of the multidisciplinary team with respect to that juvenile.
Structure West Virginia Code
Article 2. State Responsibilities for Children
§49-2-101. Authorization and Responsibility
§49-2-102. Minimum Staffing Complement for Child Protective Services
§49-2-103. Proceedings by the State Department
§49-2-104. Education of the Public
§49-2-105. Administrative and Judicial Review
§49-2-106. Department Responsibility for Foster Care Homes
§49-2-107. Foster-Home Care; Minimum Standards; Certificate of Operation; Inspection
§49-2-108. Visits and Inspections; Records
§49-2-109. Placing Children From Other States in Private Homes of State
§49-2-110. Development of Standards of Child Care
§49-2-111. Supervision of Child Welfare Agencies by the Department; Records and Reports
§49-2-111a. Performance Based Contracting for Child Placing Agencies
§49-2-111b. Study of Kinship Foster Care Families
§49-2-111c. Priorities for Use of Funds
§49-2-114. Application for License or Approval
§49-2-115. Conditions of Licensure, Approval and Registration
§49-2-115a. Head Start Program Licenses
§49-2-116. Investigative Authority; Evaluation; Complaint
§49-2-117. Revocation; Provisional Licensure and Approval
§49-2-118. Closing of Facilities by the Secretary; Placement of Children
§49-2-119. Supervision; Consultation; State Fire Marshall to Cooperate
§49-2-120. Penalties; Injunctions; Venue
§49-2-122. Waivers and Variances to Rules
§49-2-123. Annual Reports; Directory; Licensing Reports and Recommendations
§49-2-124. Certificate of Need Not Required; Conditions; Review
§49-2-126. The Foster Child Bill of Rights
§49-2-127. The Foster and Kinship Parent Bill of Rights
§49-2-127a. Foster and Kinship Parent Duties; Foster Parent and Kinship Parent Agreements
§49-2-128. Reasonable and Prudent Foster Parent Standard
§49-2-201. Findings and Purpose
§49-2-202. When Family Preservation Services Required
§49-2-203. Caseload Limits for Home-Based Preservation Services
§49-2-204. Situational Criteria Requiring Service
§49-2-205. Service Delivery Through Service Contracts; Accountability
§49-2-206. Special Services to Be Provided
§49-2-207. Development of Home-Based Family Preservation Services
§49-2-301. Findings and Intent; Advisory Council
§49-2-302. Creation of Statewide Quality Rating System; Rule-Making; Minimum Requirements
§49-2-401. Continuation, Transfer and Renaming of Trust Fund; Funding
§49-2-501. Children to Whom Article Applies; Intent
§49-2-502. Powers of the Secretary
§49-2-503. Report of Birth of Special Health Care Needs Child
§49-2-504. Assistance by Other Agencies
§49-2-603. Eligibility; Primary Focus
§49-2-701. Caregiver Consent for Minor's Health Care; Treatment
§49-2-702. Duty of Health Care Facility or Practitioner
§49-2-703. Affidavit of Caregiver Consent; Requirements
§49-2-704. Revocation and Termination of Consent; Written Notice; Validity
§49-2-705. Good Faith Reliance on Affidavit; Applicability
§49-2-706. Exceptions to Applicability
§49-2-707. Penalty for False Statement
§49-2-708. Rule-Making Authority
§49-2-803. Persons Mandated to Report Suspected Abuse and Neglect; Requirements
§49-2-804. Notification of Disposition of Reports
§49-2-805. Educational Programs; Requirements
§49-2-806. Mandatory Reporting of Suspected Animal Cruelty by Child Protective Service Workers
§49-2-807. Mandatory Reporting to Medical Examiner or Coroner; Postmortem Investigation
§49-2-808. Photographs and X Rays
§49-2-809. Reporting Procedures
§49-2-810. Immunity From Liability
§49-2-811. Abrogation of Privileged Communications; Exception
§49-2-812. Failure to Report; Penalty
§49-2-813. Statistical Index; Reports
§49-2-814. Task Force on Prevention of Sexual Abuse of Children
§49-2-901. Policy; Cooperation
§49-2-902. Division of Juvenile Services; Transfer of Functions; Juvenile Placement
§49-2-903. Powers and Duties; Comprehensive Strategy; Cooperation
§49-2-905. Juvenile Detention and Corrections Facility Personnel
§49-2-907. Examination, Diagnosis Classification and Treatment; Period of Custody
§49-2-909. Arrest Authority of Juvenile Correctional and Detention Officers
§49-2-911. Juvenile Benefit Funds; Uses; Reports
§49-2-912. Youth Reporting Centers
§49-2-913. Juvenile Justice Reform Oversight Committee
§49-2-1003. Rehabilitative Facilities for Status Offenders; Requirements; Educational Instruction
§49-2-1004. The Juvenile Services Reimbursement Offender Fund; Use; Expenditures