As amended through January 31, 2024
Rule 36 - Recommendations of the Multidisciplinary Treatment Team(a)Individualized Service Plan. Pursuant to W.Va. Code § 49-4-403, the multidisciplinary team shall develop an individualized service plan for the juvenile based upon the assessment report provided pursuant to Rule 35, and based upon the team's independent investigation of the juvenile's circumstances and rehabilitative needs. The multidisciplinary treatment team shall provide its proposed individualized service plan to the court and counsel at least 72 hours prior to the juvenile's dispositional hearing.(b) Conflicting Determinations Regarding the Plan. If the multidisciplinary treatment team cannot agree on a service plan or if, upon review of the proposed service plan, the court determines not to adopt the team's plan, upon motion or sua sponte, the court shall schedule and hold a hearing within ten days (prior to entry of a dispositional order placing the juvenile in the dispositional custody of the DHHR or in an out-of-home setting) to consider evidence from the team as to its rationale for the proposed service plan or reasons regarding disagreement on the plan. After such hearing, if the court does not adopt the team's recommended service plan for the juvenile, it shall make specific written findings as to why the team's plan was not adopted.(c) Out-of-State Placement. In any case in which the court determines that the most appropriate placement of the juvenile is an out-of-state facility or program, the court shall set forth in the placement order the reasons why the juvenile was not placed in an in-state facility or program.(d) Exceptions. Nothing in these rules should be construed to require a multidisciplinary team meeting to be held prior to temporarily placing a juvenile out-of-home under exigent circumstances.