Rule 6 - Taking a Juvenile into Custody(a) Orders for Immediate Custody.(1)Probable Cause Required. In proceedings formally instituted by the filing of a juvenile petition, probable cause may be established by facts set forth in the verified petition and by any affidavit attached to the petition.(2)Immediate Custody Order for Delinquency Offenses. A circuit judge, or a magistrate may issue an order for immediate custody of a juvenile charged with a delinquency offense if the judge or magistrate finds that there is probable cause to believe that one of the following conditions exists: (A) the petition shows that grounds exist for the arrest of an adult in identical circumstances;(B) the health, safety, and welfare of the juvenile demand such custody;(C) the juvenile is a fugitive from a lawful custody or commitment order of a court; (D) the juvenile is alleged to be a juvenile delinquent with a record of willful failuto appear at juvenile proceedings and custody is necessary to assure thejuvenile's presence before the court. (3)Immediate Custody Order for Status Offenses. A circuit judge or a magistrate may issue an order for immediate custody of a juvenile charged with a status offense if the judge or magistrate finds that there is probable cause to believe that one of the following conditions exists: (A) the health, safety, and welfare of the juvenile demand such custody; or(B) the juvenile is a fugitive from a lawful custody or commitment order of a court. (4)Immediate Custody Order Following Failure to Appear. If a juvenile served by personal service of process with a petition and summons pursuant to West Virginia Code § 49-4-704(a)(2) fails to appear for the initial hearing, the circuit court, or a magistrate may issue an order for immediate custody based upon such failure to appear in response to the summons.(5)Contents of Order for Immediate Custody. An order for immediate custody shall be signed by a circuit judge or magistrate, and shall:(A) order the juvenile to be brought immediately before the circuit or magistrate court for a detention hearing;(B) state the name and address of the juvenile, or if unknown, designate the juvenile by any name or description by which the juvenile can be identified with reasonable certainty;(C) state the age and sex of the juvenile, or, if the age of the juvenile is unknown, that the juvenile is believed to be of an age subject to the juvenile jurisdiction of the court;(D) state the reasons why the juvenile is being taken into custody;(E) when applicable, state the reasons for a limitation on the time or location of the execution of the order for custody;(E) state the time and date when issued, and the county and court where issued;(F) state that continuation in the home is contrary to the welfare of the juvenile with specific findings as to why; and whether the department of health and human resources made reasonable efforts to prevent the out-of-home placement or that the emergency situation made such efforts unreasonable or impossible; and(G) if the juvenile is being taken into custody in relation to a status offense, direct the law-enforcement officer taking custody to immediately notify the department of health and human resources. (6)Who May Execute. An order for immediate custody may only be executed by a lawenforcement officer authorized by law to execute an arrest warrant.(7)How Executed. An order for immediate custody shall be executed by taking the juvenile into custody.(8)Where Executed. An order for immediate custody may be executed at any place in the state except where prohibited by law, unless the magistrate or judge who issues the warrant limits in writing on the order the location where the order may be executed.(9)When Executed. An order for immediate custody may be executed at any time unless the magistrate or judge who issues the order limits in writing on the order the time during which the order may be executed.(10)Possession of Order. An existing order for immediate custody need not be in the lawenforcement officer's physical possession at the time the juvenile is taken into custody.(11)Notice. When an order for immediate custody is executed, the juvenile's parents or legal guardians shall immediately be informed of the custody and the reasons why the juvenile is being taken into custody as stated in the order. If a parent or guardian cannot be located, a close relative shall be informed of the custody and order.(b) Custody Without a Court Order. Absent a court order, a juvenile may be taken into custody by a law-enforcement officer only if one of the following conditions exists: (1) grounds exist for the arrest of an adult in identical circumstances;(2) emergency conditions exist which, in the judgment of the officer, pose imminent danger to the health, safety, and welfare of the juvenile;(3) the officer has reasonable grounds to believe that the juvenile has left the care of his or her parents or guardians without consent, and the health, safety, and welfare of the juvenile is endangered;(4) the juvenile is a fugitive from a lawful custody or commitment order of a juvenile court;(5) the officer has reasonable grounds to believe the juvenile to have been driving a motor vehicle with any amount of alcohol in his or her blood; or(6) the juvenile is the named respondent in an emergency protective order issued pursuant to West Virginia Code § 48-27-403, and the individual filing the petition for the emergency protective order is the juvenile's parent or legal guardian.(c) Prompt Presentment Upon Custody. Upon taking a juvenile into custody with or without a court order under one of the circumstances specified in this rule, the law-enforcement officer shall immediately bring the juvenile before the circuit or magistrate court for a detention or placement hearing.