West Virginia Code
Article 4. Court Actions
§49-4-735. Stay of Transfer to Criminal Jurisdiction

If a juvenile is presumed incompetent under 49-4-727(c) of this code, or if the issue of the juveniles competency to participate in the proceedings is raised at any time during the proceedings for a juvenile presumed competent under 49-4-727(b) of this code, the procedures outlined in 49-4-727 through 49-4-734 of this code shall be used to determine the juveniles competency and if appropriate, restore the juveniles competency regardless of whether the case is to proceed under the courts juvenile jurisdiction or transfer to adult criminal jurisdiction pursuant to 49-4-710 of this code and corresponding Rules of Juvenile Procedure adopted by the Supreme Court of Appeals of West Virginia.

<< Previous
Next >>

Structure West Virginia Code

West Virginia Code

Chapter 49. Child Welfare

Article 4. Court Actions

§49-4-101. Exercise of Powers and Jurisdiction by Judge in Vacation

§49-4-102. Procedure for Appealing Decisions

§49-4-103. Proceedings May Not Be Evidence Against Child, or Be Published; Adjudication Is Not a Conviction and Not a Bar to Civil Service Eligibility

§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

§49-4-107. Penalties

§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

§49-4-111. Criteria and Procedure for Temporary Removal of Child From Foster Home; Foster Care Arrangement Termination; Notice of Child's Availability for Placement; Adoption; Sibling Placements; Limitations

§49-4-112. Subsidized Adoption and Legal Guardianship; Conditions

§49-4-113. Duration of Custody or Guardianship of Children Committed to Department

§49-4-114. Consent by Agency or Department to Adoption of Child; Statement of Relinquishment by Parent; Counseling Services; Petition to Terminate Parental Rights; Notice; Hearing; Court Orders

§49-4-115. Emancipation

§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

§49-4-301. Custody of a Neglected Child by Law Enforcement in Emergency Situations; Protective Custody; Requirements; Notices; Petition for Appointment of Special Guardian; Discharge; Immunity

§49-4-302. Authorizing a Family Court Judge to Order Custody of a Child in Emergency Situations; Requirements; Orders; Investigative Reports; Notification Required

§49-4-303. Emergency Removal by Department Before Filing of Petition; Conditions; Referee; Application for Emergency Custody; Order

§49-4-401. Purpose; System to Be a Complement to Existing Programs

§49-4-402. Multidisciplinary Investigative Teams; Establishment; Membership; Procedures; Coordination Among Agencies; Confidentiality

§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

§49-4-405. Multidisciplinary Treatment Planning Process Involving Child Abuse and Neglect; Team Membership; Duties; Reports; Admissions

§49-4-406. Multidisciplinary Treatment Process for Status Offenders or Delinquents; Requirements; Custody; Procedure; Reports; Cooperation; Inadmissibility of Certain Statements

§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

§49-4-501. Prosecuting Attorney Representation of the Department of Health and Human Resources; Conflict Resolution

§49-4-502. Prosecuting Attorney to Cooperate With Persons Other Than the Department in Child Abuse and Neglect Matters; Duties

§49-4-503. Prosecuting Attorney to Represent Petitioner in Juvenile Cases

§49-4-504. Prosecuting Attorney Duty to Establish Multidisciplinary Investigative Teams

§49-4-601. Petition to Court When Child Believed Neglected or Abused; Venue; Notice; Right to Counsel; Continuing Legal Education; Findings; Proceedings; Procedure

§49-4-601a. Preference of Child Placement

§49-4-601b. Substantiation by the Department of Abuse and Neglect

§49-4-602. Petition to Court When Child Believed Neglected or Abused; Temporary Care, Custody, and Control of Child at Different Stages of Proceeding; Temporary Care; Orders; Emergency Removal; When Reasonable Efforts to Preserve Family Are Unnecessa...

§49-4-603. Medical and Mental Examinations; Limitation of Evidence; Probable Cause; Testimony; Judge or Referee

§49-4-604. Disposition of Neglected or Abused Children; Case Plans; Dispositions; Factors to Be Considered; Reunification; Orders; Alternative Dispositions

§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

§49-4-608. Permanency Hearing; Frequency; Transitional Planning; Out-of-State Placements; Findings; Notice; Permanent Placement Review

§49-4-609. Conviction for Offenses Against Children

§49-4-610. Improvement Periods in Cases of Child Neglect or Abuse; Findings; Orders; Extensions; Hearings; Time Limits

§49-4-701. Juvenile Jurisdiction of Circuit Courts, Magistrate Courts and Municipal Courts; Constitutional Guarantees; Requirements; Hearings; Right to Counsel; Opportunity to Be Heard; Evidence and Transcripts

§49-4-702. Prepetition Diversion to Informal Resolution; Mandatory Prepetition Diversion Program for Status Offenses and Misdemeanor Offenses; Prepetition Review Team

§49-4-702a. Noncustodial Counseling or Community Services Provided to a Juvenile; Prepetition Counsel and Advice

§49-4-703. Juvenile Drug Courts; Hearing Officers

§49-4-704. Institution of Proceedings by Petition; Notice to Juvenile and Parents; Preliminary Hearings; Subpoena

§49-4-705. Taking a Juvenile Into Custody; Requirements; Existing Conditions; Detention Centers; Medical Aid

§49-4-706. Detention Hearing; Rights of Juvenile; Notification; Counsel; Hearings

§49-4-707. Review of Order Following Detention Hearing

§49-4-708. Preliminary Hearing; Counsel; Custody; Court Requirements; Preadjudicatory Community Supervision Period

§49-4-709. Right to Jury Trial for Juveniles; Inapplicability

§49-4-710. Waiver and Transfer of Jurisdiction

§49-4-711. Adjudication for Alleged Status Offenders and Delinquents; Mandatory Initial Disposition of Status Offenders

§49-4-712. Intervention and Services by the Department Pursuant to Initial Disposition for Status Offenders or Juvenile Found Incompetent to Stand Trial; Enforcement; Further Disposition; Detention; Out-of-Home Placement; Department Custody; Least Re...

§49-4-713. Graduated Penalties for Juvenile Alcohol Consumption; Fines; Community Service; Revocation of Driver's License

§49-4-714. Disposition of Juvenile Delinquents; Appeal

§49-4-715. Authority of the Courts to Impose Additional Penalties; Public Service Projects; Ineligible to Operate a Motor Vehicle; Restitution

§49-4-716. Teen Court Program; Alternative; Suitability; Unsuccessful Cooperation; Requirements; Fees

§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

§49-4-726. Study of Juvenile Competency Issues; Requiring and Requesting Report and Proposed Legislation; Submission to Legislature

§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

§49-4-904. Enticing Child From Custody; Penalties