Juvenile Detention Hearings
1.
When a Juvenile is taken into custody, there must be a detention hearing immediately. a.
“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.” WV Rule of Juv. Proc. 6(c) b.
This means that as soon as the police finish processing the Juvenile there must a hearing to determine the placement of the Juvenile.
2.
At the Detention Hearing there are certain parties that can be involved in the hearing.
Typically, the Juvenile, their parents, the prosecutor, Defense Counsel, Juvenile
Probation and DHHR are involved.
3.
The Judge/Magistrate has several options for placement of a juvenile at a detention hearing. a.
The Juvenile can be released to their parents’ custody and put on bond b.
The Juvenile can be placed in the custody of DHHR for placement at a shelter or group home c.
The Juvenile can be detained in a facility operated by DJS.
4.
Rules 13 and 14 of the Rules of Juvenile Procedure set forth the factors courts are supposed to consider when determining where to place the Juvenile.
5.
Under Rule 13 a juvenile facing a Delinquency charge (something that would be a crime if committed by an adult), shall be released unless; a.
The charge is a category 1 offense (listed in Rule 13), b.
The charge is a category 2 or 3 offense and the juvenile is a danger to the public if not detained, c.
The charge is a category 2 or 3 offense and the juvenile has failed to appear before, or has escaped from detention.
Rule 13 goes on to list certain other exceptions, but also points out that the Judge has the authority to choose not to detain the Juvenile regardless of the crime, “(c) No
Mandatory Detention. A juvenile who is excluded from mandatory release under subparagraph (a) is not to be automatically detained. No category of alleged conduct in and of itself may justify a failure to exercise discretion to release upon consideration of the needs of the juvenile and the community.”

6.
Under Rule 14, a juvenile facing a Status offense (Truancy or Incorrigibility) shall be
released unless, “Circumstances present an imminent danger to the health, safety, and welfare of the juvenile if released.”
Rule 14 also states that if a Juvenile has absconded from custody previously, or no adult can be found to whom they can be released, they shall be kept in custody.
7.
A Juvenile charged with a Status Offense cannot be detained in a secure detention
facility. A Status offender can only be held in a facility operated by DHHR such as a group home or shelter.
**Status offenders are being held at the Robert Shell Juvenile Center which is
operated by DJS. They claim that it is not a secured detention facility even though DJS operates it (but “contracts” with DHHR to hold kids there), and the facility uses hardware to secure the facility. If the Judge attempts to place a status offender there, always object as contrary to law.
Tips
The rule does not require that a juvenile be released to the custody of their parents, it states that a juvenile can be released to any “responsible adult”. If a juvenile’s parents fail to show up for the detention hearing talk to them to see if there are any other family members or older siblings who may be able to take them. Get contact information for that person and ask them if they would be willing to come down and take custody of the Juvenile.
Of course make sure the Juvenile knows they have the right to remain silent and advise them not to speak of the alleged offense with anyone.