W. Va. R. Juv. P. 23

(a) Generally. When two or more juveniles are charged with any offense arising out of the same circumstances, they shall be adjudicated separately unless the court specifically finds that no prejudice will result from joint adjudication. Where the offense would be a felony if charged as an adult, the court shall consider the nature of the offense charged, the impact on the victim, the potential prejudice to each juvenile, and the interests of justice before ordering a joint adjudicatory hearing. A juvenile in a joint hearing shall be adjudicated in the same manner as a juvenile adjudicated separately.

(b) Severance Because of Improper Joinder. Where a juvenile was improperly joined in a proceeding, the court shall order severance upon motion of the prosecuting attorney or the juvenile's counsel. Improper joinder is not a ground for dismissal.

(c) Severance Because of Another Juvenile's Out-of-Court Statement. If the prosecuting attorney in a joint adjudicatory hearing intends to offer an out-of-court statement by one of the juveniles which is not admissible against the other in the state's case-in-chief, the juvenile against whom the statement is offered may move for severance. The court shall require the prosecuting attorney to elect one of the following options:

(1) a joint adjudicatory hearing at which the statement is not received in evidence;

(2) a joint adjudicatory hearing at which the statement is received in evidence only after all references to the juvenile making the motion have been deleted, if admission of the statement with the deletions will not prejudice that juvenile; or

(3) severance.

(d) Severance During Adjudicatory Hearing. If the court, during an adjudicatory hearing, determines severance is necessary to achieve a fair determination of the guilt or innocence of one or more of the juveniles in a joint hearing, the court shall order severance upon a finding of manifest necessity or with the consent of the juvenile to be adjudicated separately.