Rule 16 - Emergency custody(a)Emergency custody pending filing of petition.- Proceedings for emergency custody of a child before a petition is filed and without a circuit court order shall be governed by the provisions of W. Va. Code §§ 49-4-301 (emergency custody by law enforcement), 49-4-302 (emergency custody ordered by family court), and 49-4-303 (emergency removal by the Department).(b)Continuation or transfer of emergency custody upon filing of petition.- Proceedings for continuation of or temporary transfer of emergency custody at the time the petition is filed shall be governed by the provisions of W. Va. Code § 49-4-602.(c)Transfer of custody following filing of petition.- If at any time during the pendency of abuse and/or neglect proceedings, the court determines the child is in imminent danger, as defined by W. Va. Code § 49-1-201, the court may order the child placed into the custody of the Department or a responsible person in accordance with the provisions of W. Va. Code § 49-4-602. If custody has been taken pursuant to this provision after the conclusion of the final adjudicatory hearing, custody of the child may continue in the Department or a responsible person pending conclusion of the final disposition hearing.(d)Requirement of hearing on emergency custody taken during the pendency of child abuse and neglect proceeding.- Regardless of whether the court has previously granted the Department legal custody of a child, if the Department takes physical custody of a child during the pendency of a child abuse and neglect case (also known as removing the child) due to a change in circumstances and without a court order issued at the time of the removal, the Department must immediately notify the court, and a hearing shall take place within 10 days to determine if (1) there is imminent danger to the physical well-being of the child and (2) there is no reasonably available alternative to removal of the child.(e)Findings in removal order.- An order removing a child from his or her home and placing the child in the custody of the Department must state (1) that there is reasonable cause to believe that the child is in imminent danger; (2) that continuation in the home is contrary to the welfare of the child, setting forth the reasons; (3) whether the Department made reasonable efforts to preserve the family and to prevent the child's removal from his or her home or that an emergency situation made such efforts unreasonable or impossible; and (4) whether efforts should be made by the Department to facilitate the child's return, and if so, what efforts should be made.W. Va. R. Proc. Child & Neg. Proceed. 16