W. Va. R. Juve. Proc. 47

As amended through January 31, 2024
Rule 47 - Probation Violations
(a)Commencement of Proceedings. Proceedings for modification or revocation of probation may be commenced based upon a verified petition to modify disposition filed by the probation officer or prosecuting attorney showing probable cause to believe the juvenile has violated one or more conditions of probation. Based upon the petition, the court may issue an order for immediate custody if warranted under the circumstances, as provided by Rule 6, or the court may schedule a review hearing and provide notice of the hearing to the juvenile, the juvenile's counsel, the juvenile's parents or legal guardians, probation officer and the prosecuting attorney at least 72 hours prior to the hearing. If the juvenile fails to appear in response to a review hearing notice, the court may issue an order for immediate custody.
(b) Contents of Probation Violation Petition. The probation violation petition shall include:
(1) the name, date of birth and address of the juvenile;
(2) the name and address of the juvenile's parents or legal guardians;
(3) the underlying offense or offenses and the date of each offense for which a violation of probation is alleged; and
(4) a description of any additional facts and circumstances upon which the request for revocation is based.
(c) Hearing Time Frame. If a juvenile is taken into custody, the review hearing shall be held within 5 judicial days; otherwise, the review hearing shall be held within 10 judicial days of the filing of the petition. For good cause shown, the court may extend the time frame required for the hearing.
(d) Standard of Proof. The court may modify or revoke a juvenile's probation if it finds clear and convincing proof of a substantial violation of one or more probationary terms.
(e) Findings Required. Any revocation of probation shall be based upon findings clearly set forth in the record and resulting order. If the court orders out-of-home placement for the juvenile, the court is required to further set forth the facts which lead to the conclusion that no less restrictive alternative is appropriate; and the order shall further find and state that continuation in the home is contrary to the best interests of the juvenile and why; and whether or not the DHHR made reasonable efforts to prevent the out-of-home placement or that exigent circumstances made such efforts unreasonable or impossible.
(f) Discovery. The provisions of Rule 21(a)-(c) apply.

W. Va. R. Juve. Proc. 47

Effective 1/1/2016.