West Virginia Multidisciplinary Aftercare Plan
The West Virginia Code requires that, prior to discharge from a juvenile justice placement, the Division of Juvenile Services convene a multi-disciplinary treatment team to develop a comprehensive after-care plan for the child, which must include a description of the education the child received in placement and a proposed plan for education upon discharge. State, county, and local agencies are required to cooperate and provide information necessary to complete the plan. The plan must be completed 45 days prior to release and circulated to the child’s parent/guardian, lawyer, and probation officer or mental health care professional; the prosecuting attorney; and the principal of the school the child will attend, who all have opportunity to submit comments. If adverse comments are submitted, or on the juvenile court’s decision, the juvenile court must hold a hearing to consider the plan. The court may require anyone responsible for executing the plan to attend, including service providers who may have expressed inability or unwillingness to provide services to the young person. Within 5 days of the hearing, the court shall make findings of fact and conclusions of law as to whether adoption of the recommended after-care plan is in the best interest of the juvenile and enter an order accepting or modifying the plan.
The court must appoint either the probation officer or the community mental health professional to supervise the plan and report to the court on the juvenile’s progress. The court may conduct review hearings as often as necessary until the juvenile is discharged from the court's supervision.
For more information
- After-care plans; contents; written comments; contacts; objections; courts, W. Va. Code §§ 49-4-409 – 412
- After Care Planning; After Care Review, W. Va. R. Juv. P., Rules 45, 46
- A Summary of Best Practices in School Reentry for Incarcerated Youth Returning Home, JustChildren, Legal Aid Just. Center (2004), p. 8