Provided, pursuant to W.Va. Code § 49-4-712, a juvenile adjudicated solely as a status offender -who has no prior adjudication for a status or juvenile delinquency offense or no prior disposition to pre-adjudicatory community supervision or probation for the current matter - may not be placed in an out-of-home placement, excluding placement made for abuse and neglect, unless the court finds by clear and convincing evidence the existence of a significant and likely risk of harm to the juvenile, family member, or the public.
On or after January 1, 2016, a juvenile adjudicated solely as a status offender may not be placed in a Division of Juvenile Services Facility.
W. Va. R. Juve. Proc. 19