As amended through January 31, 2024
(a)Procedures for Commitment to a Mental Health Facility. Should the juvenile, the prosecuting attorney, the probation officer, or the court on its own motion, request disposition pursuant to West Virginia Code § 49-4-714(b)(6), the following shall apply: (1) The DHHR Bureau for Behavioral Health and Health Facilities shall be given notice that the court is considering a commitment of the juvenile to a mental health facility.(2) If the court determines that probable cause exists to believe the juvenile has a mental illness requiring in-patient treatment further delinquency proceedings shall be stayed and the juvenile ordered to undergo a diagnostic study as designated by the court to permit the court to receive expert opinions on the advisability of inpatient treatment, the expected duration of time the juvenile shall remain out of the home, the suggested treatment plan and the types of facilities available within the state, or if no such facility exists within the state, out-of-state where appropriate treatment of the juvenile may be administered. The examination may be arranged by the community mental health center where the juvenile resides. (b) Proposed Placement by DHHR. Not more than five judicial days after issuance of the evaluation ordered pursuant to subparagraph (a)(2) above, the DHHR shall provide the court, counsel for the juvenile, the prosecuting attorney, and the probation officer with its recommendations for placement. The recommendations shall include available in-state placements and the projected date of when the placement will be available. If no appropriate in-state placement exists or the projected in-state placement will not be available within five days of the hearing contemplated by subparagraph (c) below, DHHR shall provide the court with a list of available out-of-state placements and the projected date the placement will become available. The recommendations shall also detail how the recommended facility will meet the juvenile's treatment needs.(c) Hearing on Commitment. Not more than five judicial days after the recommended placement report by the DHHR as required by subparagraph (b) above, the court shall conduct a hearing on commitment. If the criterion for commitment under West Virginia Code, Chapter 27 is met, the court shall consider the recommended placement as provided by the DHHR. The court thereafter may follow the recommendation, reject the recommendation and refer the matter back to the DHHR for additional recommendations, or accept recommendations of the juvenile, the prosecuting attorney or the probation officer.(d) Commitment Findings. If the court orders commitment of the juvenile to a mental health facility, in addition to the findings specifically supporting such commitment, the court 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 reasonable efforts unreasonable or impossible.