W. Va. R. Juve. Proc. 28

As amended through January 31, 2024
Rule 28 - Adjudication by Admission
(a) The court shall not accept a juvenile's admission to a charge at any stage of the proceedings without first determining the following based on the juvenile's statements on the record or contained in a written document signed by the juvenile and counsel.
(1) The juvenile understands the allegations in the petition and the elements of each charge, and that there is a factual basis for the admission that is reflected by specific facts set forth on the record or by a signed document.
(2) The juvenile understands that he or she has a right to adjudication on the merits, and to require proof of all of the elements of all of the charges.
(3) The juvenile understands the other rights, and possible consequences, as set forth in Rule 7.
(4) The juvenile understands the court's power to make a disposition of the charges if they are admitted, including:
(A) the court's dispositional authority includes the most severe step of placing the juvenile in an institution;
(B) the court's jurisdiction over an adjudicated delinquent could be up to the juvenile's 21st birthday. The court's jurisdiction over status offenders could be up to their 18th birthday;
(C) the court can modify a disposition, even repeatedly, until the termination of the court's jurisdiction; and
(D) the juvenile understands the potential future consequences of the court's disposition which may include:
(i) the possible effect on future dispositions imposed as a juvenile; and
(ii) the possible effect on future sentences imposed as an adult.
(b) With the consent of the prosecuting attorney and the approval of the court, the juvenile shall be allowed to enter an admission to a lesser-included offense than is charged.
(c) Binding Admissions. A juvenile charged with a delinquency offense can enter plea negotiations with the state's attorney with the goal of reaching a settlement regarding the plea entered, whether the plea will be to the offense charged or to a lesser offense, and disposition. The court may accept or reject the entire agreement.
(d) Disposition. If the court accepts the juvenile's admission, the court shall schedule a disposition hearing in accordance with Rule 34.
(e) Withdrawal of an Admission. A juvenile may, on the record or by written motion filed with the court, request to withdraw an admission to the charges for good cause shown. The court may allow the juvenile to withdraw the admission:
(1) before disposition if it is fair and just to do so giving due consideration to the reasons given and any prejudice withdrawal of the admission would cause due to action taken in reliance on the juvenile's admission; or
(2) any time upon a showing that withdrawal is necessary to correct manifest injustice.
(f) Record. A record shall be made of the adjudicatory hearing. The record shall be transcribed:
(1) pursuant to a court order; or
(2) when the juvenile seeks an appeal or other review. The court reporter shall furnish a transcript of the proceedings at no charge to any indigent juvenile who seeks an appeal or other review if an affidavit is filed stating that neither the juvenile nor the juvenile's parents or legal guardians have the ability to pay for the transcript.

W. Va. R. Juve. Proc. 28

Effective 1/1/2016.