2021 West Virginia Code
Chapter 49. Child Welfare
Article 4. Court Actions
§49-4-734. Disposition Alternatives for Incompetent Juveniles
(a) If the court determines that the juvenile has attained competency, the court shall proceed with the delinquent juveniles proceeding in accordance with this article.
(b) After a hearing pursuant to 49-4-732 of this code, if the court determines by the preponderance of the evidence that the juvenile is incompetent to proceed and cannot attain competency within the period of time set forth in 49-4-733(b)(3) of this code, the court may dismiss the petition without prejudice, or may take the following actions or any combination thereof the court determines to be in the juveniles best interest and the interest of protecting the public:
(1) Refer the matter to the department and request a determination on whether a child abuse or neglect petition, pursuant to 49-4-601 et seq. of this code, should be filed;
(2) Refer the juvenile to the department for services pursuant to 49-4-712 of this code. Services may include, but are not limited to, referral of the juvenile and his or her parents, guardians, or custodians and other family members to services for psychiatric or other medical care, or psychological, welfare, legal, education, or other social services, as appropriate to the needs of the juvenile and his or her family;
(3) Place the juvenile in the custody of his or her parents or other suitable person or private or public institution or agency under terms and conditions as determined to be in the best interests of the juvenile and the public, which conditions may include the provision of out-patient services by any suitable public or private agency; or
(4) Upon motion by the prosecuting attorney, stay the proceeding for no more than 20 days to allow the prosecuting attorney to initiate proceedings for civil commitment pursuant to 27-5-1 et seq. of this code if the juvenile has attained majority.
(c) A circuit court may, sua sponte or upon a motion by any party direct that a dangerous assessment be performed prior to directing the resolutions set forth in subsection (b) of this section.
