As amended through January 31, 2024
Rule 33 - Stipulated disposition, contents of stipulation, voluntariness(a)Required information.- Unless otherwise ordered by the court, any stipulated or uncontested disposition shall include the following information: (1) The legal custody and placement of the child;(2) The changes needed to end the court's involvement;(3) Services to be provided to the child and family;(4) The terms and conditions of the family case plan, unless the stipulated disposition terminates parental rights or places the child in legal guardianship or permanent foster care;(5) The schedule of multidisciplinary treatment team meetings and permanent placement review conferences, including the first date and time of each;(6) Restraining orders controlling the conduct of any party who is likely to frustrate the dispositional order;(7) If a child is to be placed away from home, the proposed stipulated disposition shall also address: (A) The type of placement;(B) Terms of visitation and other parental involvement, including information about the child to be provided to the parents;(C) Steps to meet the child's special needs while in placement; and(D) If the child is separated from siblings, steps to unite them and/or to maintain regular contact during the separation;(8) Any other aspect of the case plan the parties want included in the court's order.(9) A stipulated disposition involving a temporary out-of-house placement cannot be permitted beyond the time allowable by statute for an improvement period.(b)Voluntariness of consent.- Before determining whether or not to accept a stipulation of disposition, the court shall determine that the parties and persons entitled to notice and the right to be heard, understand the contents of the stipulation and its consequences, and that the parties voluntarily consent to its terms. The court must ultimately decide whether the stipulation of disposition meets the purposes of these rules, controlling statutes and is in the best interests of the child. The court shall hear any objection to the stipulation of disposition made by any party or persons entitled to notice and the right to be heard. The stipulations shall be specifically incorporated in their entirety into the court's order reflecting disposition of the case.W. Va. R. Proc. Child & Neg. Proceed. 33