W. Va. R. Juv. P. 8

(a) Petitions Generally. The petition is a verified written statement by a person who has knowledge or information concerning the facts alleged, containing specific allegations of the essential facts constituting the offense charged, including the approximate time and place of the alleged conduct. The petition shall set forth the name and address of the juvenile's parents or legal guardians, who shall be named as respondents. The petition shall contain a statement of the juvenile's right to have counsel appointed and consult with counsel at every stage of the proceeding.

(b) Authorized Presentation. Unless otherwise provided by statute or under subdivision (c) of this rule, the presentation and oath or affirmations regarding a delinquency or status offense shall be made by a prosecuting attorney or a law-enforcement officer showing reason to have reliable information concerning the allegations made in the petition.

(c) Presentation Exceptions for Certain Status Offenses.

(1) A petition for a status offense under West Virginia Code § 49-1-202 may be presented and sworn by a representative of the department of health and human resources, or by a parent, guardian or custodian showing reason to have reliable information and belief.

(2) A petition for a status offense under West Virginia Code § 49-1-202 alleging that a juvenile is habitually absent from school without good cause also may be presented and sworn by a representative of the juvenile's school district showing reason to have reliable information and belief.

(d) Probable Cause. If from the facts stated in the petition the circuit judge or magistrate finds probable cause, the petition becomes the charging instrument initiating a juvenile proceeding.

(e) Joinder of Parties. Unlike criminal matters, juveniles shall not be named in petitions with other juveniles. More than one juvenile may, however, be named as participating in the same conduct that supports allegations of delinquency in the affidavit supporting the petition.

(f) Joinder of Allegations of Delinquency. Two or more allegations of delinquent conduct may be alleged in the same petition or may be presented in separate petitions. The state shall not fail to bring forth allegations known or that should be known to the state for the purpose of gaining an advantage in pursuing delinquency charges.

(g) Notice of Possible Termination of Parental Rights. The petition shall contain a notice that if the juvenile is placed out of the home by the court and remains in placement for a period of 15 months, the department of health and human resources may initiate separate proceedings to terminate the parental or custodial rights of the juvenile's parents or legal guardians.