(a) In a proceeding under this article, the juvenile, the juvenile's counsel or the juvenile's parent or guardian may demand, or the judge on his or her own motion may order a jury trial on any question of fact, in which the juvenile is accused of any act or acts of delinquency which, if committed by an adult would expose the adult to incarceration.
(b) A juvenile who is charged with a status offense or other offense where incarceration is not a possibility due either to the statutory penalty or where the court rules pretrial that a sentence of incarceration will not be imposed upon adjudication is not entitled to a trial by jury.
(c) This section is inapplicable to proceedings held pursuant to section seven hundred sixteen of this article.
(d) Juries consist of twelve members.
Structure West Virginia Code
§49-4-101. Exercise of Powers and Jurisdiction by Judge in Vacation
§49-4-102. Procedure for Appealing Decisions
§49-4-104. General Provisions Relating to Court Orders Regarding Custody; Rules
§49-4-105. Hearing Required to Determine &Quot;reasonable efforts."
§49-4-106. Limitation on Out-of-Home Placements
§49-4-108. Payment of Services
§49-4-109. Guardianship of Estate of Child Unaffected
§49-4-110. Foster Care; Quarterly Status Review; Transitioning Adults; Annual Permanency Hearings
§49-4-112. Subsidized Adoption and Legal Guardianship; Conditions
§49-4-113. Duration of Custody or Guardianship of Children Committed to Department
§49-4-116. Voluntary Placement; Petition; Requirements; Attorney Appointed; Court Hearing; Orders
§49-4-201. Accepting Possession of Certain Relinquished Children
§49-4-202. Notification of Possession of Relinquished Child; Department Responsibilities
§49-4-203. Filing Petition After Accepting Possession of Relinquished Child
§49-4-204. Immunity From Certain Prosecutions
§49-4-205. Adoption Eligibility
§49-4-206. Designation of Local Fire Department as a Safe-Surrender Site; Posting Requirement
§49-4-401. Purpose; System to Be a Complement to Existing Programs
§49-4-403. Multidisciplinary Treatment Planning Process; Coordination; Access to Information
§49-4-404. Court Review of Service Plan; Hearing; Required Findings; Order; Team Member's Objections
§49-4-407. Team Directors; Records; Case Logs
§49-4-408. Unified Child and Family Case Plans; Treatment Teams; Programs; Agency Requirements
§49-4-409. After-Care Plans; Contents; Written Comments; Contacts; Objections; Courts
§49-4-410. Other Agencies of Government Required to Cooperate
§49-4-411. Law Enforcement; Prosecution; Interference With Performance of Duties
§49-4-412. Exemption From Multidisciplinary Team Review Before Emergency Out-of-Home Placements
§49-4-413. Individualized Case Planning
§49-4-503. Prosecuting Attorney to Represent Petitioner in Juvenile Cases
§49-4-504. Prosecuting Attorney Duty to Establish Multidisciplinary Investigative Teams
§49-4-601a. Preference of Child Placement
§49-4-601b. Substantiation by the Department of Abuse and Neglect
§49-4-605. When Department Efforts to Terminate Parental Rights Are Required
§49-4-606. Modification of Dispositional Orders; Hearings; Treatment Team; Unadopted Children
§49-4-607. Consensual Termination of Parental Rights
§49-4-609. Conviction for Offenses Against Children
§49-4-703. Juvenile Drug Courts; Hearing Officers
§49-4-706. Detention Hearing; Rights of Juvenile; Notification; Counsel; Hearings
§49-4-707. Review of Order Following Detention Hearing
§49-4-709. Right to Jury Trial for Juveniles; Inapplicability
§49-4-710. Waiver and Transfer of Jurisdiction
§49-4-714. Disposition of Juvenile Delinquents; Appeal
§49-4-717. Sexting Educational Diversion Program; Requirements
§49-4-718. Modification of Dispositional Orders; Motions; Hearings
§49-4-719. Juvenile Probation Officers; Appointment; Salary; Facilities; Expenses; Duties; Powers
§49-4-720. Prohibition on Committing Juveniles to Adult Facilities
§49-4-721. Rules Governing Juvenile Facilities; Rights of Juveniles
§49-4-722. Conviction for Offense While in Custody
§49-4-723. Discrimination Prohibited; Penalties; Damages
§49-4-724. Standardized Assessments
§49-4-725. Restorative Justice Programs
§49-4-727. Juvenile Competency Proceedings
§49-4-729. Motion for Determination of Competency, Time Frames, Order for Evaluation
§49-4-730. Juvenile Competency Qualified Forensic Evaluator; Qualifications
§49-4-731. Juvenile Competency Evaluation
§49-4-732. Hearing to Determine Juvenile S Competency to Participate in the Proceedings
§49-4-733. Procedure After Determination of Juvenile S Competency to Participate in the Proceedings
§49-4-734. Disposition Alternatives for Incompetent Juveniles
§49-4-735. Stay of Transfer to Criminal Jurisdiction
§49-4-801. Support of a Child Removed From Home Pursuant to This Chapter; Order Requirements
§49-4-802. General Provisions for Support Orders; Contempt
§49-4-803. Enforcement of Support Orders
§49-4-903. Interference With Disposition of Child Punishable as Contempt of Court