Rule 39 - Premediation screening(a)Orders requiring premediation screening. - No later than five days after the scheduling conference or other hearing at which the court first determines that the parties do not have an agreed parenting plan, the court shall order both parties to complete a premediation screening process for the purposes set forth in W. Va. Code, § 48-9-202(b). The order shall require the parties to undergo premediation screening within 14 days of the date of the conference or hearing; inform the parties of the dates, times, and places at which premediation screening will be held; and require the parties to meet separately and privately with a screener. (b)Premediation screening procedures. - All premediation screening shall employ the required premediation screening forms; and shall be conducted by individuals, who may be family court personnel, meeting the qualifications and training requirements established by the supreme court of appeals. Screeners may report suspected child abuse or neglect as provided by W. Va. Code, § 49-6A-2 and shall so inform the party being screened prior to the commencement of screening. Other than the abbreviated premediation screening report, no notes or other documents used in premediation screening are part of the record. (c)Report of premediation screening. - No later than five days after the conclusion of premediation screening the screener shall send a copy of the abbreviated premediation screening report to the court and the parties. The report shall be made on the required form; identify the existence of any of the elements listed in W. Va. Code, § 48-9-11--202(b); and set forth the screener's recommendations.W. Va. R. Prac. & P. Fam. Ct. 39
Amended by order adopted November 27, 2001, effective 1/1/2002; and by order entered and effective 12/1/2005; and by order adopted5/22/2007, effective 7/1/2007.