W. Va. R. Juv. P. 7

(a) A juvenile alleged to be a delinquent or status offender shall be provided a copy of the signed petition at the first appearance before a circuit judge or magistrate. The juvenile petition shall conform to Rule 8 as to contents. Unless waived by the juvenile, the court shall read the allegations of the charging document to the juvenile and determine that the juvenile understands them, and if not, provide an explanation. If the petition is not available during a detention hearing, then it shall be provided to the juvenile within 2 days following the detention hearing. The juvenile has the right to counsel at the first appearance, and court-appointed counsel shall be provided pursuant to Rule 5 if the juvenile is without counsel.

(b) A juvenile alleged to be a delinquent or status offender, and any parent, guardian or custodian then appearing, shall be informed by the circuit judge or magistrate at the first appearance of the following:

(1) Right to Know Charges. The juvenile is charged with being a delinquent or a status offender, as specified in the petition;

(2) Presence of Parent or Guardian. Each parent or legal guardian and juvenile has the right to be present at any proceeding in the juvenile's case;

(3) Right to Remain Silent. The juvenile has the right to remain silent and the juvenile cannot be asked questions about the current charge or charges without the presence of a lawyer. If the juvenile gives up the right, anything the juvenile says can be used against the juvenile in court proceedings;

(4) Right to Preliminary Hearing. The juvenile has the right to preliminary hearing where the court will decide if the State has produced sufficient evidence to proceed toward an adjudicatory hearing. At the preliminary hearing the juvenile through counsel, may cross-examine any state witness and may present witnesses and other related evidence on the juvenile's behalf;

(5) Testimony by Juvenile. The juvenile has the right to testify at any hearing and likewise, the juvenile has the right not to testify and such silence may not be held against the juvenile. No one can force the juvenile to be a witness at any time in any part of these proceedings;

(6) Trial by Jury.

(A) Alleged Status Offenders. A juvenile alleged to have committed a status offense is not entitled to a trial by jury.

(B) Alleged Delinquent Offenders. A juvenile alleged to have committed a delinquent offense, which if committed by an adult would expose the adult to incarceration, shall be entitled to a trial by a jury of 12 persons.

(C) Offenses with No Possibility of Confinement. A juvenile charged with any delinquent offense where confinement is not possible, due either to the statutory penalty, or because the court rules prior to adjudication that confinement will not be imposed, shall not be entitled to a trial by jury.

(7) Possibility of Removal or Other Consequences. If the juvenile admits any delinquency or status offense or if found to have committed any such offense at the adjudicatory hearing, the juvenile could be placed outside the home. The juvenile can be ordered to pay court costs, including court-appointed counsel costs, and the juvenile can be fined up to $100 for each offense. In addition, the court may order community service, restitution, counseling or other treatment, participation in community-based programs by the juvenile and family, suspension of driving privileges, or such other authorized sentencing alternatives as may be deemed appropriate by the court.

(c) The court shall not require the juvenile to admit or deny the charges stated in the petition after completion of informing the juvenile of the charges and rights.