West Virginia is a combination state. The state operates most delinquency services for youth in West Virginia; however, the state judicial and executive branches divide responsibility.

How is detention organized? 

The Division of Juvenile Services (DJS), within the Department of Military Affairs and Public Safety, administers detention services.

Depending on the judicial circuit, juvenile probation or the prosecuting attorney's office may decide to take informal action on the case.  The court or juvenile probation may informally adjust cases if it is in the best interest of the public and the juvenile and with the consent of the juvenile and his or her parents.

The statutory rights of victims in West Virginia reside in statute 61-11A. The "Victims Protection Act of 1984" applies to victims of juvenile as well as adult offenders.

Juvenile probation officers, working for the Supreme Court of Appeals in 31 judicial circuit offices, provide probation supervision. In single county judicial circuits, most probation officers work in one centralized office. Multi-county circuits usually have probation offices in each of the circuit’s counties.

Probation officers must have bachelor’s degrees in a relevant field of study, such as counseling, corrections, social work, or criminal justice. Although probation officers are not professionally certified, the West Virginia Supreme Court conducts an annual, week-long, mandated training for them.

The court may commit an adjudicated delinquent to the custody of the director of the Division of Juvenile Services (within the Department of Military Affairs and Public Safety) for placement in a secure juvenile correctional facility.

The court makes release decisions based upon recommendations provided by the director of the delinquency institution. The court relies heavily on the Division of Juvenile Services' input.

When a judge orders aftercare upon a youth's release from the Division of Juvenile Services (DJS), a local probation officer usually provides aftercare supervision. However, not all counties administer aftercare in the same way. Some probation officers provide aftercare in conjunction with DJS, and some counties choose to not provide aftercare upon a youth's release from DJS.

West Virginia's purpose clause is rooted in traditional child welfare philosophies.  This state emphasizes the promotion of the welfare and best interests of the juvenile as the primary purpose of the juvenile court system.

Lower Age: None specified

Upper Age: 17

Extended Age of Delinquency Jurisdiction: 20

Juvenile probation currently employs a standardized statewide risk assessment instrument as a component of the Juvenile Justice Database maintained by the Statistical Analysis Center of the Division of Juvenile Services. The assessment is performed on those youth for whom the Court has ordered a written pre-disposition report.