WV · rules
W. Va. R. P. Child Abuse & Neglect 19
Amendments to petition
(a) Amendments prior to adjudicatory hearing. — The court may allow the petition to be amended at any time until the final adjudicatory hearing begins, provided that an adverse party is granted sufficient time to respond to the amendment.
(b) Amendments after the adjudicatory hearing. — If new allegations arise after the final adjudicatory hearing, the allegations should be included in an amended petition rather than in a separate petition in a new civil action, and the final adjudicatory hearing shall be re-opened for the purpose of hearing evidence on the new allegations in the amended petition.
(c) Amendments based on allegations against a co-petitioner. — If allegations arise against a co-petitioner during the pendency of the case, then the petition may be amended, including a realignment of the parties.
(d) Amendments after preliminary hearing in which the Department has been given temporary custody. — If the petition is amended after the conclusion of a preliminary hearing in which custody has been temporarily transferred to the Department or a responsible person, it shall be unnecessary to conduct another preliminary hearing.
Provenance
- Source
- courtswv.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
480556da3c0c400626ace88f88584dcc5b150ee8314f252459a040642d46da62
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