W. Va. R. Juv. P. 35

(a) Convening of Multidisciplinary Treatment Teams. After a juvenile is adjudicated as a status or delinquent offender pursuant to the provisions of West Virginia Code Chapter 49, Article 4, Part VII, the multidisciplinary treatment team shall have the responsibilities specified below:

(b) Comprehensive Assessment Requirement.

(1) Status Offenders. Whenever a juvenile is adjudicated as a status offender pursuant to West Virginia Code § 49-4-711(4), the department of health and human resources shall promptly convene a multidisciplinary treatment team and conduct a risk and needs assessment, utilizing a standard uniform comprehensive assessment instrument or protocol, to determine the juvenile’s mental and physical condition, maturity and education level, home and family environment, rehabilitative needs, and recommended service plan.

(2) Delinquent Offenders. If the juvenile is adjudicated as a delinquent and the court refers the juvenile for comprehensive assessment by the multidisciplinary treatment team pursuant to West Virginia Code § 49-4-406, the probation officer shall promptly notify the DHHR and the DJS in order to allow the MDT to convene and develop a comprehensive individualized service plan for the juvenile.

(c) Assessment Time Frame and Report.

(1) The assessment must be completed within 60 days following adjudication, unless for good cause shown, the court extends the assessment period by written order providing the reasons for the extension of time. If the juvenile is being detained or otherwise being held in out-of-home custody, the assessment must be completed within 30 days following adjudication.

(2) Upon completion of the assessment, the DHHR shall be responsible for providing the assessment report, forthwith, to members of the multidisciplinary treatment team; provided, if the juvenile has been adjudicated delinquent and ordered into the custody of the DJS for examination and diagnosis, the DJS shall be responsible for providing the assessment report to the MDT.

(3) The assessment report must also be provided by the responsible agency to the court and counsel at least 72 hours before the dispositional hearing.

(d) Access to and Confidentiality of Information. The multidisciplinary treatment team shall be afforded access to information in the possession of the DHHR, DJS, law-enforcement agencies, and other state, county, and local agencies; and the agencies shall cooperate in the sharing of information as may be provided by West Virginia Code §§ 49-5-101, 49-5-103, and any other relevant provision of law. Any multidisciplinary team member who acquires confidential information shall not disclose such information except as permitted by statute or these rules.

(e) Responsibilities. The multidisciplinary treatment team shall submit written reports to the court as required by these rules or by the court, shall meet with the court at least every three months, as long as the juvenile remains in the legal or physical custody of the state, and shall be available for status conferences and hearings as required by the court.

(f) Scope of this Rule. This rule is to be construed broadly to effectuate cooperation and communication between all service providers, parties, counsel and the court.