West Virginia Code 49-2-903 – Powers and duties; comprehensive strategy; cooperation
The Division of Juvenile Services has the following duties as to juveniles in detention facilities or juvenile corrections facilities:
Terms Used In West Virginia Code 49-2-903
- Court: means the circuit court of the county with jurisdiction of the case or the judge in vacation unless otherwise specifically provided. See West Virginia Code 49-1-207
- Division of Juvenile Services: means the division within the West Virginia Department of Military Affairs and Public Safety. See West Virginia Code 49-1-208
- Facility: means a place or residence, including personnel, structures, grounds, and equipment used for the care of a child or children on a residential or other basis for any number of hours a day in any shelter or structure maintained for that purpose. See West Virginia Code 49-1-206
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Juvenile: means any person under eighteen years of age or is a transitioning adult. See West Virginia Code 49-1-202
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) Cooperating with the United States Department of Justice in operating, maintaining and improving juvenile correction facilities and predispositional detention centers, complying with regulations thereof, and receiving and expending federal funds for the services;
(2) Providing care for children needing secure detention pending disposition by a court having juvenile jurisdiction or temporary care following a court action;
(3) Assigning the necessary personnel and providing adequate space for the support and operation of any facility providing for the secure detention of children committed to the care of the Division of Juvenile Services;
(4) Proposing rules which outline policies and procedures governing the operation of correctional, detention and other facilities in its division wherein juveniles may be securely housed;
(5) Assigning the necessary personnel and providing adequate space for the support and operation of its facilities;
(6) Developing a comprehensive plan to maintain and improve a unified state system of regional predispositional detention centers for juveniles;
(7) Working in cooperation with the Department of Health and Human Resources in establishing, maintaining, and continuously refining and developing a balanced and comprehensive state program for children who have been adjudicated delinquent;
(8) In cooperation with the Department of Health and Human Resources establishing programs and services within available funds, designed to:
(A) Prevent juvenile delinquency;
(B) To divert juveniles from the juvenile justice system:
(C) To provide community-based alternatives to juvenile detention and correctional facilities; and
(D) To encourage a diversity of alternatives within the juvenile justice system;
Working in collaboration with the Department of Health and Human Resources, the Division of Juvenile Services shall employ a comprehensive strategy for the social and rehabilitative programming and treatment of juveniles, consistent with the principles adopted by the Office of Juvenile Justice and Delinquency Prevention of the Office of Justice Programs of the United States Department of Justice.