TIMELINE SUMMARY

TABLE OF CONTENTS

  1. FILING OF PETITION

  2. PRELIMINARY HEARING

  3. PRE-ADJUDICATORY IMPROVEMENT PERIOD

  4. ADJUDICATORY PRE-HEARING CONFERENCE

  5. FINAL ADJUDICATORY HEARING

  6. POST-ADJUDICATORY IMPROVEMENT PERIOD

  7. DISPOSITION HEARING

  8. PERMANENT PLACEMENT REVIEW 

TIMELINE SUMMARY

  1. FILING OF PETITION

    1. Court issues either: 1) Order filing petition and granting emergency custody to State Department or to responsible relative or; 2) Order filing petition and not granting emergency custody. (W. Va. Code § 49-6-3)

      1. Initial order granting emergency custody. (W. Va. Code § 49-6-3(a) and Rule of Procedure for Child Abuse and Neglect Proceedings (hereinafter "Rule"), (Rule 16)

        1. Sets a preliminary hearing of petition within ten (10) days of original filing; giving at least five (5) days notice of such hearing. (Rule 22)

        2. Appoints counsel for parents and guardian ad litem for child.

        3. Provides for immediate transfer of child to State Department or responsible relative.

        4. Court may appoint a CASA representative for child in areas where CASA program is in good standing. (Rule 52(a))

        5. Court may also direct any party or State Department to initiate or become involved in services to facilitate reunification of the family.

      2. Initial order which does not grant emergency custody. (W. Va. Code § 49-6-3(b)

        1. Court may set a preliminary hearing of petition upon at least five (5) days   notice to parents, if facts alleged in petition demonstrate imminent danger to child; or if no preliminary hearing is set, the court should set the adjudicatory hearing, giving at least ten (10) days notice. (Rule 20)

        2. Appoints counsel for parents and guardian ad litem for child.

        3. Court may appoint a CASA representative for child in area where CASA program in good standing. (Rule 52(a))

    2. Notice of the Hearing.

      Shall be sent all parties and other persons entitled to notice and opportunity to be heard at the hearing. Notice specifies time and place of hearing, parties’ right to counsel and statement that proceedings can result in termination of parental rights. (Rule 20)

    3. Unless otherwise ordered, within three (3) days of filing of petition, prosecutors shall provide all parties and other persons entitled to notice and opportunity to be heard with discovery material to preparation of case. (Rule 10(b)) Not less than five (5) days before any hearing, parents shall disclose to all parties evidence and witnesses they intend to offer at hearing. (Rule 10(c))

    4. The parents shall file and serve a verified answer to the petition within ten (10) days of being served with the petition or the applicable time prescribed when served by publication or other substituted service. (Rule 17(b))

    5. Within thirty (30) days of the original filing of the petition, the Court shall cause to be convened a meeting of a multi-disciplinary treatment team assigned to the child’s case. (W. Va. Code § 49-5D-3 and Rule 51(a)) The team shall submit written reports to the Court, shall meet with the Court at least every three (3) months until case is dismissed, and shall be available to meet with the Court for status conferences and hearings. (Rule 51(c))

  2. PRELIMINARY HEARING
    1. Court will review petition and take evidence regarding status of child, whether the Department made reasonable efforts to preserve the family, and whether imminent danger necessitates removal of child from custody of parents or continuation of emergency custody of State. (W. Va. Code §§49-2D-3, 49-6-3(b) and Rules 16(c) and 22)

      1. Order determines temporary custody of child giving reasons for need to remove from home. (W. Va. Code § 49-6-3(b)), if removal is ordered.

      2. Order sets date for adjudicatory hearing within thirty (30) days of entry of order from preliminary hearing if child is placed into temporary custody of State Department or responsible relative unless a pre-adjudicatory improvement period is awarded the parents. (Rule 25)

      3. When a child is placed in the temporary custody of the State Department or a responsible person pursuant to W. Va. Code § 49-6-3(a); the final adjudicatory hearing shall be given priority on the Court docket.

  3. PRE-ADJUDICATORY IMPROVEMENT PERIOD

    At any time prior to the final adjudicatory hearing, including at the preliminary hearing or emergency custody proceedings, a respondent may move for a pre-adjudicatory improvement period in accordance with W. Va. Code §§ 49-6-2(b), 49-6-12(a) and Rule 23.

    1. If the motion is granted, the Court shall order the State Department to submit a family case plan with thirty (30) days of such order, which family case plan shall contain the information required by W. Va. Code § 49-6D-3. The family case plan shall be formulated with the assistance of all parties, counsel, and the multi-disciplinary treatment team. The family case plan and improvement period order should closely track one another and taken together should constitute a program designed to remedy the circumstances which led to the filing of the petition. (Rule 23(a))

    2. Concurrently with development of family case plan and improvement period, State Department may commence reasonable efforts to place the child for adoption or other permanent placement. (Rule 23(a))

    3. An improvement period shall not exceed three (3) months. The Court shall further order that a status conference shall be conducted within sixty (60) days of the granting of the improvement period; or that the State Department submit a status report to the Court within sixty (60) days and a status conference shall be conducted within ninety (90) days of the award of the improvement period. (W. Va. Code § 49-6-12(c)(3) and Rule 23(b))

    4. The Court may require or accept progress reports or statements from other persons, including the parties, service providers, and persons entitled to notice and opportunity to be heard, provided that such reports or statements are provided to all parties.

  4. ADJUDICATORY PRE-HEARING CONFERENCE

    The Court may convene an adjudicatory pre-hearing conference on its own motion or upon the motion of any party in preparation for the adjudicatory hearing. (Rule 24) A final pre-hearing conference may be scheduled within five (5) days in advance of the adjudicatory hearing to determine that proper notice has been provided and any other matter affecting the hearing. (Rule 24(d))

  5. FINAL ADJUDICATORY HEARING

    1. A final adjudicatory hearing shall commence within thirty (30) days of entry of the temporary custody order following the preliminary hearing unless a pre-adjudicatory improvement period has been ordered. (Rule 25)

    2. An adjudicatory hearing held at the end of an improvement period shall be held as close in time as possible after the end of the improvement period and shall be held within sixty (60) days of the termination of such improvement period. (W. Va. Code § 49-6-2(d) and Rule 25)

      1. Where a respondent has been served, no order adjudicating that such respondent has abused or neglected the child shall be entered until the time for answer for such respondent has expired and, if the answer is timely served, the respondent has been afforded at least twenty (20) days from the date the answer was filed to prepare for adjudication or has waived such opportunity to prepare. (Rule 25)

      2. The final adjudicatory hearing shall be conducted in accordance with the provisions of the W. Va. Code § 49-6-2(c). The parties having custodial or other parental rights or responsibilities to the child shall be afforded a meaningful opportunity to be heard, including the opportunity to testify and to present and cross-examine witnesses.

      3. The petition shall not be taken as confessed. A transcript or recording shall be made of all proceedings unless waived by all parties to the proceeding. The rules of evidence shall apply. (W. Va. Code § 49-6-2(c))

      4. At the conclusion of the hearing, the Court shall make a determination based upon the evidence and shall make findings of fact and conclusions of law as to whether such child is abused or neglected, which shall be incorporated into the order of the Court. The findings must be based upon conditions existing at the time of the filing of the petition and proven by clear and convincing proof. (W. Va. Code § 49-6-2(c) and Rule 27)

      5. The Court shall enter an order of adjudication, including findings of fact and conclusions of law, within ten (10) days of the conclusion of the hearing, and the parties and all other persons entitled to notice and opportunity to be heard shall be given notice of the entry of this order. (Rule 27)

  6. POST-ADJUDICATORY IMPROVEMENT PERIOD


    7.
    1. After finding that a child is an abused or neglected child, a Court may grant a respondent an improvement period not to exceed six months when:

      1. the respondent files a written motion requesting the improvement period;

      2. the respondent demonstrates, by clear and convincing evidence, that the respondent is likely to fully participate in the improvement period; and

      3. the Court makes a finding, on the record, that the respondent has not previously been granted an improvement period or, has shown that since the granting of an initial improvement period, the respondent has experienced a substantial change of circumstances and that due to such change respondent is likely to fully participate in a further improvement period. (W. Va. Code § 49-6-12(b))

    2. If a post-adjudicatory improvement period is granted, the Court shall order the State Department to submit a family case plan within thirty (30) days of the order. Concurrent efforts may be made by the State Department to place the child for adoption or secure other permanent placement. (Rule 37)

    3. When the improvement period is granted, the Court shall order that a hearing be held to review the matter within sixty (60) days of the granting of the improvement period; or, order that a hearing be held to review the matter within ninety (90) days of the granting of the improvement period and that the State Department shall submit a report as to the respondent parents’ progress in the improvement period within sixty (60) days of the order granting the improvement period. (W. Va. Code § 49-6-12(b)(3) and Rule 37)

    4. The Court shall thereafter convene a status conference at least once every three (3) months for the duration of each improvement period. At the status conference, the MDT shall attend and report as to progress and developments in the case. (W. Va. Code § 49-6-12(b)(3) and Rule 37)

    5. A Court may extend any improvement period granted for a period not to exceed three (3) months when the Court finds that the respondent has substantially complied with the terms of the improvement period; that the continuation of the improvement period will not substantially impair the ability of the Department to permanently place the child; and that such extension is otherwise consistent with the best interest of the child. (W. Va. Code § 49-6-12(g))

    6. Upon the motion by any party, the Court shall terminate any improvement period granted when the Court finds that the respondent has failed to fully participate in the terms of the improvement period. (W. Va. Code § 49-6-12(h))

  7. DISPOSITION HEARING


    8.
    1. A disposition hearing shall commence within forty-five (45) days of the entry of the final adjudicatory order. (Rule 32(a)) Notice of the date, time and place of the disposition hearing shall be given by the Court to all parties, their counsel, and the other persons entitled to notice and opportunity to be heard. (Rule 31) All persons entitled to notice and the opportunity to be heard shall be provided with the child’s case plan as defined in Rule 28 and material from other parties necessary to preparation of their case at least five (5) judicial days before the dispositional hearing. (Rules 29 and 30)

    2. The disposition hearing may immediately follow the adjudication hearing if: (1) all the parties agree; (2) a child’s case plan meeting the requirements of W. Va. Code § 49-6-5 and § 49-6D-3 was completed and provided to the Court or the party or the parties have waived the requirement that the child’s case plan be submitted prior to disposition; and (3) notice of the disposition hearing was provided to or waived by all parties as required by the Rules. (Rule 32(b))

    3. When a post-adjudicatory improvement period has been awarded as an alternative disposition, a final disposition hearing shall be held no later than sixty (60) days after the end of the alternative disposition improvement period. (W. Va. Code § 49-6-12(c)(3) and Rule 38) Within ten (10) days of the conclusion of the hearing, the Court shall enter a final disposition order in accordance with the provisions of Rule 37. (Rule 38)

  8. PERMANENT PLACEMENT REVIEW


    9.
    1. The Court, with the assistance of the MDT, shall continue to monitor implementation of the Court ordered permanency plan for the child every three (3) months until permanent placement as defined in Rule 6 is achieved. (Rules 39 and 41) The Court shall conduct a review conference requiring the MDT to attend and report as to progress and development in the case, for the purpose of reviewing the progress in the permanent placement of the child. The State shall provide permanent placement review reports to the Court at least ten (10) days before the review conference. (Rule 40) The notice of the time and place of the permanent placement review conference shall be given to counsel of record and all other persons entitled to notice and opportunity to be heard at least fifteen (15) days prior to the conference unless otherwise provided by Court order. Neither a party whose parental rights have been terminated by the final disposition order nor his or her attorney shall be given notice of or participate in post-disposition proceedings. The Court shall hold a hearing in connection with such review and shall not conduct reviews by agreed order. (Rule 39(c) and (d))

    2. Within ten (10) days of the conclusion of the permanent placement review conference, the Court shall enter an order determining whether permanent placement has been fully achieved within the meaning of Rule 6 and stating findings of fact and conclusions of law to support its determination. (Rule 42(a))

    3. If the Court finds that permanent placement has not been achieved, the Court’s order shall address those subjects set forth in Rules 41and 42(c). Permanent placement of each child shall be achieved within eighteen (18) months of the final disposition order, unless the Court specifically finds on the record extraordinary reasons sufficient to justify the delay. (Rule 43)

    4. Dismissal-- If the court finds that permanent placement has been achieved, it may orderthe case dismissed from the docket. (Rule42(b))