As amended through January 31, 2024
Rule 1 - Scope, Application and General Purpose(a) Scope and Application. These rules govern the procedures in the courts of West Virginia having jurisdiction over delinquency and status offense matters pursuant to West Virginia Code, §§ 49-2-901 through 49-2-913; 49-2-1001 through 49-2-1006; 49-4-701 through 49-4-725; and 49-5101 through 49-5-106 and apply to both delinquency and status offense proceedings except where otherwise specified or limited. If these rules are in conflict with other rules or statutes, these rules shall apply.(b) Notice. Where these rules require giving notice to parties, notice shall be given to the juvenile or juvenile's counsel, the juvenile's parents or legal guardians, the prosecuting attorney, any agency having custody of the juvenile, and any others specified by particular rule as having an interest in matters before the court.(c) General Purpose. These rules are intended to establish uniform practices and procedures for the courts of the State of West Virginia having juvenile jurisdiction, and to assure that the statutory and constitutional rights of juveniles are protected. These purposes should be pursued through means that are fair and just, that recognize the unique characteristics and needs of juveniles, and that give juveniles access to opportunities for personal and social growth, while promoting public safety and reducing juvenile offenses. These rules shall be construed to achieve these ends.(d) Rights Generally. Juveniles charged with delinquency or status offenses are given the same rights as adults charged with criminal offenses, and in some instances they are afforded more protection. The courts must work to ensure that the rights of alleged juvenile offenders are protected. Juveniles should be informed of all of their statutory and constitutional rights during the proceedings.