W. Va. R. Juv. P. 34

(a) Generally. Juveniles adjudicated as delinquent or status offenders are entitled to be sentenced in the least restrictive manner possible that will meet their needs and protect the welfare of the public. The goal in disposition should be the rehabilitation of the juvenile to enable and promote becoming a productive member of society. In disposition, the court has discretion when determining terms and conditions, and is not limited to the relief sought in the petition. The court shall consider the best interests of the juvenile and the welfare of the public when rendering its decision.

(b) Timing. After the court finds that charges in the petition have been admitted or sustained by proper proof at the adjudicatory hearing, the court may conduct a disposition hearing immediately, unless the multidisciplinary treatment team planning process needs to be completed for disposition, or schedule the matter for a disposition hearing in accordance with the following time frames:

(1) Detained Juvenile. If a juvenile is currently being detained or otherwise being held in out-of-home custody, the court shall hold the dispositional hearing within 30 days of the conclusion of the adjudicatory hearing.

(2) Non-Detained Juvenile. If a juvenile is not being detained or otherwise being held in out-of-home custody, the court shall hold the dispositional hearing within 60 days of the conclusion of the adjudicatory hearing.

(3) Continuances. For good cause, including but not limited to pre-dispositional examination, diagnosis and classification, or difficulties in locating an appropriate proposed placement, by written order, the court may extend the time period to hold a dispositional hearing for one additional period of up to 60 days. Except in extraordinary circumstances, if the court fails to hold a dispositional hearing for a juvenile held in detention or other out-of-home custody within the time limits prescribed by this rule, the juvenile shall be released from detention or other out-of-home custody. If a dispositional hearing for a juvenile is not conducted within the time limits prescribed by this rule, the court may also dismiss the case.

(c) Conduct and Manner of Hearing. The court shall give the juvenile, the state, and any victim an opportunity to be heard during the dispositional hearing. The juvenile and the state may put on witnesses and present evidence regarding the disposition of the juvenile. The juvenile shall be given the opportunity to comment on any proposed disposition during the hearing.

(d) Record. A record shall be made of the dispositional hearing. The record shall be transcribed:

(1) pursuant to a court order; or

(2) when the juvenile seeks an appeal or other review. The court reporter shall furnish a transcript of the proceedings at no charge to any indigent juvenile who seeks an appeal or other review if an affidavit is filed stating that neither the juvenile nor the juvenile’s parents or legal guardians have the ability to pay for the transcript.