W. Va. R. Juv. P. 38

(a) Referral for Service Plan. If the allegations in a petition alleging that the juvenile is a status offender are admitted or sustained by clear and convincing proof, the court shall refer the juvenile to the department of health and human resources for services, pursuant to West Virginia Code § 49-4-711, and order the DHHR to report back to the court with regard to the juvenile’s progress at least every 90 days until the court, upon motion or sua sponte, determines the disposition completed and dismisses the case from its docket. Services provided shall be designed to develop skills and social supports for the juvenile and to resolve problems related to the juvenile and his or her family. Services may include, but are not limited to, referral of the juvenile and parents, guardians and other family members to services for psychiatric or other medical care, or psychological, legal, educational or other social services, as appropriate to the needs of the juvenile and his or her family.

(b) Further Order of Compliance. If necessary, the DHHR may petition the circuit court:

(1) For a court order to enforce compliance with a service plan or to restrain actions that interfere with or defeat a service plan; or

(2) For a court order to place a juvenile out of home in a non-secure or staff-secure setting, and/or to place a juvenile in the custody of the DHHR.

(c) Further Disposition Alternatives. In ordering any further disposition of the status offender under subparagraph (b) above, the court is not limited to the relief sought in the DHHR petition and shall make every effort to place the juvenile in community-based programs and facilities which are the least restrictive alternatives appropriate to the needs of the juvenile and the community.

(d) Out-of-Home Placement Findings.

(1) In every case where the court orders an out-of-home placement for the juvenile, the order shall further find and state in the order that continuation in the home is contrary to the best interests of the juvenile and why; and whether or not the DHHR made reasonable efforts to prevent out-of-home placement or that exigent circumstances made such efforts unreasonable or impossible.

(2) The prior actual provision of services by the DHHR under subparagraph (a) above is not in all cases a jurisdictional prerequisite for the filing of a petition seeking an order for out-of-home placement and/or department custody. However, such relief at the outset may only be granted upon a showing by clear and convincing evidence that such a placement or custody order is actually necessary; and that the effective provision of services cannot occur absent such an order. Any order granting such placement or transfer must be based on specific findings and conclusions by the court with respect to the grounds for and the necessity of the order.

(e) Financial Support. If the court places the juvenile in the custody of the DHHR, an appropriate order of financial support shall be imposed upon the parents or legal guardians. The circuit court shall make the determination and enter the order establishing a child support obligation, and any subsequent modification thereto, in accordance with West Virginia Code § 49-4-801, et seq., and the Guidelines for Child Support Awards found in West Virginia Code § 48-13-101, et seq. Copies of the child support orders shall be provided to the Department of Health and Human Resources, Bureau of Child Support Enforcement as set forth in W.Va. Code § 49-4-801(c). The Guidelines may be disregarded, or the calculation of a support obligation under the Guidelines may be adjusted, only if the court makes specific findings that use of the Guidelines is inappropriate. If there is a child support obligation relating to the juvenile imposed in a divorce or other family court proceeding, the circuit court order entered pursuant to this rule shall supersede the family court support order for the period the juvenile is in DHHR custody, or as otherwise specified by the circuit court.

(f) Removal of Case to Another County. At disposition or any time thereafter, if the juvenile resides in another county, the court, upon motion or sua sponte may determine that the best interests of the juvenile warrant removal of the case to the other county where the juvenile resides for dispositional supervision and quarterly reviews. Such removals in post-disposition matters are further governed by West Virginia Code § 56-9-1. If the case is removed to the juvenile’s county of residence for dispositional supervision and review, the court shall direct the circuit clerk to send the file to the juvenile’s home county within five days of the entry of the removal order.

(g) Modification of Disposition. A dispositional order may be modified by the court in conformance with West Virginia Code § 49-4-718.