As amended through January 31, 2024
Rule 26 - Stipulated adjudications, uncontested petitions, contents of written reports and admissions(a)Required information.(1) Agreed upon facts supporting court involvement regarding the respondent's(s') problems, conduct, or condition; and(2) A statement of respondent's problems or deficiencies to be addressed at the final disposition.(b)Voluntariness of consent.- Before accepting a stipulated or uncontested adjudication, the court shall determine that the parties understand the content and consequences of the admission or stipulation, the parties voluntarily consent, and that the stipulation or uncontested adjudication meets the purposes of these rules and controlling statute and is in the best interests of the child.(c)Contents of written reports.- The court may take judicial notice of written reports which constitute public records and, when so admitted into evidence, give thereto such weight as may be appropriate. Any party may request the opportunity to be heard with respect to such reports under Rule 201(e) of the Rules of Evidence. Reasonable efforts should be made by parties and the court to inform all parties and all other persons entitled to notice and the right to be heard of the intention to submit or consider such reports to the end that those parties and other persons desiring to be heard with respect thereto may adequately prepare.(d)Effect of admissions by respondents.- Admissions by a respondent properly contained in an answer and any written stipulations made by a respondent may be admitted into evidence at any stage of the proceedings and given such weight by the court as may be appropriate if the court finds that such admissions or stipulations are reliable. If the reliability of such admissions or stipulations is challenged for fraud, duress or other like cause, the court shall determine the issues thus drawn on the record. Extra judicial admissions by a respondent shall be admitted into evidence under any circumstances permitted by the rules of evidence.W. Va. R. Proc. Child & Neg. Proceed. 26