wv supreme court guardianship forms

Useragent p escapenavigator. He was a partner in Shew & Tatterson, L.C. She has, since that time, worked in private practice and served in public office in numerous and varied capacities. Appeals from decisions or orders issued by the Workers Compensation Office of Judges after June 30, 2022, until its termination, and from orders or decisions of the Workers Compensation Board of Review after June 30, 2022. W. Va. Code 49-5-7; Rule 8(a), RJP. Tuesday, June 21, 2022 state courts and the U.S. Supreme Court. In 1992, Judge Facemire returned to his native Braxton County where he engaged in the private practice of law (general practice) as well as working as an attorney for the West Virginia Bureau of Child Support Enforcement. Judge Ferguson was born and raised in Cabell County. At the time of her election, Judge Cohee had been a civil defense attorney for sixteen years and was the Managing Member of the Martinsburg office of Steptoe & Johnson PLLC, a multi-state law firm. Complete the following steps: If you and the other party do not have a close relationship (married, divorced, separated, dating or used to date, live together or used to live together), or are not related (parent, child, brother, sister, grandmother, grandfather, in-laws), you can ask for a Civil Harassment Restraining Order. The evaluation may be arranged for by the community mental health center where the juvenile resides. He received a bachelors degree in political science from West Virginia University in 1984. The court may accept or reject the entire agreement. WebTransfer and consolidation. Judge Dimlich was elected in May 2016 to a new seat in the Tenth Judicial Circuit (Raleigh County). She graduated from the University Of Kentucky College Of Law in 2000. W. Va. Code 49-4-406(a); Rule 35, RJP. A court hearing will be scheduled in the next three weeks for the judge to decide if the orders will continue for up to 5 years. Judge Faircloth is a native of Berkeley County. A petition must be filed with the circuit court in the county where the delinquency or status offense allegedly occurred. Impose a fine in the amount of $100 or less. The Bureau of Juvenile Services may share a juvenile's treatment plan, court record, or other records relevant to the juvenile's supervision, care, custody, or treatment with an agency in another state that performs the same functions as BJS does in this state. Family court judges and their staffs have access to all circuit court orders and case indexes in juvenile proceedings. The juvenile is a named respondent in an emergency domestic violence protective order and the petitioner is the juvenile's parent, guardian, or custodian or other person who resides with the juvenile. Judge Edward J. Kornish was appointed to the bench in the Eighth Judicial Circuit (McDowell County) on April 24, 2019, to fill the seat vacated by the May 31, 2019, retirement of Judge Booker Stephens. W. Va. Code 49-4-705(a) Rule 6, RJP. For more information about elder/dependent adult abuse, see theJudicial Council's Self-Help website. If a court orders placement of a juvenile in an out-of-state facility, the placement order must set forth the reasons why the juvenile was not placed in an in-state facility or program. When a juvenile has been committed to BJS, including those cases in which the juvenile has been committed for examination and diagnosis, BJS must promptly convene a MDT and conduct an assessment and prepare an individualized service plan, which shall be provided to the court. Then-Governor John D. Rockefeller IV appointed him to the bench in the Sixth Judicial Circuit (Cabell County) in 1977. When you pick up your forms, check to see if the judge made all the orders you asked for. Habitual absence from school without good cause. At the hearing, the court may transfer the respondent to an adult facility (upon his or her 18 birthday), a facility for youth offenders, and any other disposition that the court finds is appropriate. She is married to Charleston attorney JB Akers, they have three children. He also hosted a Media and the Courts conference in Beckley. There are a variety of possibilities for informal resolution before the filing of a formal petition. Judge Carl is a native of Springfield in Hampshire County. If the counseling and services are not successful, a petition might be filed (although one is not mandated) initiating formal proceedings against the juvenile. W. Va. Code 49-4-702(b)(2). Talk to your courts family law facilitator. A copy of a juvenile's records automatically shall be disclosed to certain school officials if the juvenile has been charged with an offense that involves violence against another person; involves possession of a dangerous or deadly weapon; or involves possession or delivery of a controlled substance; AND the juvenile case has proceeded to a point where one or more of the following has occurred: a judge or magistrate has determined that there is probable cause to believe that the juvenile committed the offense as charged; a judge has placed the juvenile on probation for the offense; a judge has placed the juvenile on a preadjudicatory community supervision period; or some other type of disposition has been made of the case other than dismissal. He and his wife, Revonda Leigh Wills, have four children and two grandchildren. He has a 1973 bachelors degree from West Virginia University and earned a law degree from Vanderbilt University in 1977. He is a member of the West Virginia State Bar and enjoys playing in a bluegrass band and mountain biking. She earned her law degree from West Virginia University College of law in 2003. He then opened his own practice in 2004. ), Give copies to security officers in your apartment and office buildings, File the signed Reissue Temporary Restraining Order (. He was the first presiding judge on the first Juvenile Drug Court established in West Virginia. At the transfer hearing, the West Virginia Rules of Evidence apply to any evidence relevant to the charged offense. In conjunction with the multidisciplinary treatment team, the state agency is required to develop a written after-care plan. When you pick up your forms, review them carefully to verify any changes the judge may have made. Previously thereto, she was elected on May 10, 2016, for a term that began on January 1, 2017. W. Va. Code 49-4-709(a); Rule 29(a), RJP. If you do select this option, the font size will be "Save Target As" to download the document to your hard drive. Judge Faircloth is a past president of the Berkeley County Bar Association (1990-91) and a former member of the Board of Governors for the Young Lawyers Section of the West Virginia Bar Association (1988-91). W. Va. Code 49-4-406(d)(4); Rule 43, RJP. Rule 41(b), RJP. Please check the sources below for more information. If the judge orders the transfer of the case, the circuit clerk should be directed to send the file to the juvenile's home county. Rule 34(a), RJP. Rule 51(b), RJP. W. Va. Code 49-4-711(4), Rule 38, RJP. If such a person cannot be located, a close relative should be notified. He has a 1986 law degree from West Virginia University College of Law where he was a member of the College of Law Moot Court Board and won the prestigious Baker Cup Award for appellate advocacy in 1985. The county seat is Morgantown. The custody or "pick-up" order may be issued if there is probable cause that one of the following conditions exists: If a status offense petition has been filed, the judge or magistrate may issue an immediate custody order only if there is probable cause to believe: When a juvenile is taken into custody (with or without a court order), the law enforcement officer must immediately notify the juvenile's parent, guardian, or custodian and indicate the reasons the juvenile is in custody. W. Va. Code 49-4-710(a); Rule 20(b), RJP. He and his wife, Angel, live in Welch and have four adult children. For certain offenses, magistrate courts have concurrent jurisdiction with circuit courts to handle cases involving a juvenile. At various junctures during a juvenile case, including the stages prior to adjudication, the juvenile may be placed out of his or her home, subject to the limitations established by law. He retired from the U.S. Army and West Virginia National Guard in 2008 after 30 years of combined service on active and reserve duty, having attained the rank of Colonel. He and his wife, Kristie Tobin Redding, live in Hedgesville. Judge Redding entered private practice in 1990 and concentrated on insurance and medical malpractice defense law before becoming a partner at Franklin & Prokopik, PC., managing the firms Hagerstown office. He took office on January 1, 2017. He has taught at Salem International University and numerous continuing legal education classes at West Virginia University College of Law and at other locations in the state for lawyers, law enforcement personnel, and magistrates. He was an assistant prosecuting attorney in Harrison County for eleven years before then-Governor Earl Ray Tomblin appointed him to the circuit bench in the Twenty-Sixth Judicial Circuit (Lewis and Upshur Counties) in 2013. They have three children and five grandchildren. Judge Richardson grew up in Lewisburg and graduated from Greenbrier East High School in 1980. At the beginning of an adjudicatory hearing, the circuit court must ask the juvenile whether he or she chooses to admit or deny the allegations in the petition. After an adjudicatory hearing, the court is required to make findings of fact and conclusions of law with regard to the allegations in the petition. Judge Akers work as a prosecutor has been profiled on Sirens Media for ID Channel; Nightmare Next Door, Season 2, Episode 216 Writing on the Wall; Sirens Media for ID Channel; Evil Kin, Episode 102 The Mallo Family; The Killing Season; Season 1, Episode 6 A Killer on the Road; Talos Films; Heart of Darkness; and Season 1, Episode 1, Lust for Murder. Adobe Reader and not in your browser. The juvenile has run away or absconded from a custody order entered by a court of this state or any other jurisdiction that operates under the Interstate Compact for Juveniles. He also has served as an Assistant Prosecuting Attorney in either Taylor or Barbour County from 2007 until his appointment. Judge Kornish was a member of the West Virginians Against Violence Committee, and is a member of American Legion Post 8, and Veterans of Foreign Wars Post 1144. He also has taught evidence to West Virginia law clerks and Mental Hygiene Commissioners. In determining whether a juvenile should be released, a court must consider factors such as the nature of the offense alleged and whether a bond with special conditions or any available day-reporting supervision program would be a suitable alternative to detention and reduce the risk of flight or misconduct. WebInformation Sheet on Waiver of Appellate Court Fees (Supreme Court, Court of Appeal, Appellate Division) APP-101-INFO: Information on Appeal Procedures for Limited Civil Cases: APP-102: Notice of Appeal/Cross-Appeal (Limited Civil Case) APP-103: Appellants Notice Designating Record on Appeal (Limited Civil Case) CAF-50: 7/11/22 As a disposition, the court may commit a juvenile who has been adjudicated as a delinquent to a mental health facility. W. Va. Code 49-4-701 (f)(2). He received his legal education at the West Virginia University College of Law. He was the valedictorian of his West Virginia State Police Academy class. If a court grants a discretionary transfer motion, the juvenile has the right to appeal the transfer within 10 days after the entry of the transfer order or after a conviction for the offense on which the transfer was based. If the court is considering placing the juvenile in DHHR custody or out of the home at DHHR expense, a referral to DHHR shall be made for a MDT assessment. Judge Wharton was elected in May 2016 in the Fourth Judicial Circuit (Wirt and Wood Counties). Rule 44, RJP; W. Va. Code 49-4-605(a). A status offender petition for the offenses of incorrigibility, runaway, or truancy may be presented by a DHHR representative or by a parent, guardian, or custodian. 2022 West Virginia Court System - Supreme Court of Appeals. He was appointed to the bench in the Sixth Judicial Circuit (Cabell County) by Governor Earl Ray Tomblin on February 14, 2011, and was elected in 2012 and re-elected in 2016. The court is required to issue an adjudicatory hearing order within seven days of the conclusion of the hearing. Open the Robots testing tool for your site; Enter the URL of the page that is missing the description. Speak slowly. You can obtain them at the following locations: If you are over the age of 65 and feel as if you are being abused either physically or financially you can ask for an Elder Abuse/Dependent Adult restraining order. Spanish), Response to Petition to Establish Parental Relationship (Uniform Parentage), Declaration for Default or Uncontested Judgment (Uniform Parentage-Custody and Support), Advisement and Waiver of Rights Re: Establishment of Parental Relationship (Uniform Parentage), Stipulation for Entry of Judgment Re: Establishment of Parental Relationship (Uniform Parentage), Judgment (Uniform Parentage-Custody and Support), Child Custody And Visitation Application Attachment, Request for Child Abduction Prevention Orders, Child Custody Information Sheet-Recommending Counseling, Child Custody Information Sheet-Child Custody Mediation, Retirement Plan Joinder-Information Sheet, Request for Attorneys Fees and Costs Attachment, Responsive Declaration to Request for Order, Declaration of Supervised Visitation Provider, Information Sheet for Proof of Personal Service, Declaration Regarding Address Verification-Postjudgment Request to Modify a Child Custody, Visitation, or Child Support Order, Information Sheet for Proof of Service by Mail, Child Custody and Visitation Order Attachment, Child Abduction Prevention Order Attachment, Additional Provisions-Physical Custody Attachment, Child Support Information and Order Attachment, Non-Guideline Support Findings Attachment, Spousal, Partner, or Family Support Order Attachment, Property Order Attachment to Findings and Order After Hearing, Attorneys Fees and Costs Order Attachment, Pension Benefits-Attachment to Judgment (Attach to form FL-180), Stipulation to Establish or Modify Child Support and Order, Stipulation and Order for Custody and/or Visitation of Children, Pleading on Joinder-Employees Benefit Plan, Request for Joinder of Employee Benefit Plan Order, Notice of Appearance and Response of Employee Benefit Plan, Judgment of Dissolution and Notice of Entry of Judgment, Notice of Revocation of Joint Petition for Summary Dissolution, Request of Minor to Marry or Establish a Domestic Partnership, Order on Request of Minor to Marry or Establish a Domestic Partnership, Application for Order for Publication or Posting, Request to Waive Court Fees (Ward or Conservatee), Information Sheet on Waiver of Court Fees and Costs, Order on Court Fee Waiver (Superior Court), Order on Court Fee Waiver (Superior Court) (Ward or Conservatee), Notice to Court of Improved Financial Situation or Settlement, Notice to Court of Improved Financial Situation or Settlement (Ward or Conservatee, Notice of Hearing-Guardianship or Conservatorship, Proof of Personal Service of Notice of Hearing-Guardianship or Conservatorship, Notice of Filing of Inventory and Appraisal and How to Object to the Inventory or the Appraised Value of Property, Attachment to Notice of Filing of Inventory and Appraisal and How to Object to the Inventory or the Appraised Value of Property, Objections to Inventory and Appraisal of Conservator or Guardian, Application and Order for Deferral of Court Investigation Assessment, Pre-Move Notice of Proposed Change of Personal Residence of Conservatee or Ward, Attachment to Pre-Move Notice of Proposed Change of Personal Residence of Conservatee or Ward, Attachment to Post-Move Notice of Change of Residence of Conservatee or Ward, Petition for Appointment of Temporary Guardian of the Person, Petition For Appointment of Temporary Conservator, Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for Appointment of Temporary Conservator, Declaration in Support of Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for Appointment of Temporary Conservator, Order on Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for Appointment of Temporary Conservator, Letters of Temporary Guardianship or Conservatorship, Children And Family Services Release Of Information Consent Form, Termination of Guardianship Information Form, Professional Fiduciary Attachment to Petition for Appointment of Guardian or Conservator, Guardianship Petition-Child Information Attachment, Consent of Proposed Guardian, Nomination of Guardian, and Consent to Appointment of Guardian and Waiver of Notice, Petition for Appointment of Probate Conservator, Attachment Requesting Special Orders Regarding Dementia, Dementia Attachment to Capacity Declaration-Conservatorship, Attachment to Notice of Conservatees Rights, Duties of Conservator and Acknowledgment of Receipt of Handbook for Conservators, Instructions For LHI Guardianships (Spanish), Checklist and Instructions For Guardian Service, Checklist and Instructions For Guardian Service (Spanish), Juvenile Dependency - Stipulated Request and Order for Submission on Report without Hearing, Juvenile Delinquency - Stipulated Request and Order to Submit Issue on Report Without Hearing, Additional Page [to be attached to any form], Application and Order for Duplicate Original, Notice of Change of Address or Other Contact Information, Request Court Reporting Services by Party with Fee Waiver, Emancipation of Minor Income and Expense Declaration, Declaration of Emancipation of Minor After Hearing, Emancipated Minors Application to California Department of Motor Vehicles, Name Change to Conform to Gender Identity, Attachment to Petition for Change of Name, Supplemental Attachment to Petition for Change of Name (Declaration of Guardian), Decree Changing Name (Change of Name of Minor by Guardian), Confidential Cover Sheet-Name Change Proceeding Under Address Confidentiality Program (Safe at Home), Information Sheet for Name Change Proceedings Under Address Confidentiality Program (Safe at Home), Application to File Documents Under Seal in Name Change Proceeding Under Address Confidentiality Program (Safe at Home), Declaration in Support of Publication to File Documents Under Seal in Name Change Proceeding Under Address Confidentiality Program (Safe at Home), Order on Application to File Documents Under Seal in Name Change Proceeding Under Address Confidentiality Program (Safe at Home), Notice and Acknowledgment of Receipt-Civil, Proof of Service by First-Class Mail-Civil (Proof of Service)/Information Sheet for Proof of Service by First-Class Mail-Civil, Opposition To Remote Proceeding At Evidentiary Hearing Or Trial, Request To Appear Remotely - Juvenile Dependency, Request To Compel Physical Presence - Juvenile Dependency, Plaintiffs Claim and ORDER to Go to Small Claims Court, Information for the Plaintiff (Small Claims), Proof of Mailing (Substituted Service) (Small Claims), How to Serve a Business or Public Entity (Small Claims), Small Claims: Notice of Motion and Declaration to Vacate Dismissal and Enter Judgment, Small Claims: Notice of Motion and Declaration to Correct Creditor Name, Small Claims: Application and Order for Transfer, Small Claims: Application for Order to Serve Sec of State, Small Claims: Instructions for Application for Order to Serve Sec of State, Notice and Stipulation for Temporary Judge, Stipulation to Temporary Judge in Unlawful Detainer Matter, Defendant's Request and Declaration to Vacate Civil Assessment, Formulario de admisin escrita y Solicitud de pagos mensuales, Petition-Order to Reduce or Vacate Civil Assessment, Notice and Waiver of Rights and Request for Remote Video Proceedings, Instruction for Trial by Written Declaration, Plaintiff's Mandatory Cover Sheet and Supplemental Allegations - Unlawful Detainer, Declaration for Default Judgment by Court (Unlawful Detainer-Civ. W. Va. Code 49-4-704(a); Rule 8(a), RJP. Judge Hall is a native of Brunswick, Ohio. The following persons may move for the modification of a juvenile's disposition: the probation officer, an official from the DHHR, the director of BJS, the prosecutor, the juvenile, or the juvenile's parent or custodian. Judge McCarthys practice concentrated on contract enforcement, bankruptcy disputes, commercial/consumer creditors rights, and other civil matters. He has a 1988 bachelors degree in business from Indiana University and a 1992 law degree from Wake Forest University School of Law. The juvenile was taken into custody for an act for which secure detention is allowed. These findings should be included in a written order that authorizes the removal of the juvenile from the home. Martinez, CA 94553 W. Va. Code 49-4-409(c); Rule 45(c), RJP. He also sits as Drug Court Judge of the South Branch Valley Drug Court, and has served by temporary assignments as a Justice on the Supreme Court of Appeals. Juvenile court records are accessible to the juvenile, a parent (whose parental rights have not been terminated), an attorney for the juvenile or a parent, and a person with written consent of the juvenile (or someone authorized to act on behalf of the juvenile). Rule 45(b), RJP. If the court determines it is necessary, the court may require the agency that has custody of the juvenile to provide alternative plans. He was elected to the bench in the Fourth Judicial Circuit (Wood and Wirt Counties) in 1992 and re-elected in 2000, 2008, and 2016. The case plan is also to be based upon the results of a risk and needs assessment conducted within the last six months. The petition must also contain a statement that indicates that the DHHR may initiate a separate proceeding to terminate parental or custodial rights if the juvenile remains in an out-of-home placement for 15 months. He is also the Kanawha County Juvenile Drug Court Judge. The accompanying charts (see below) summarize when a juvenile case is open for public inspection. A staff-secure facility is "any public or private residential facility characterized by staff restrictions of the movements and activities of individuals held in lawful custody in such facility and which limits its residents' access to the surrounding community, but is not characterized by construction fixtures designed to physically restrict the movements and activities of residents." He has served as chief circuit judge numerous times and often has been appointed to serve on the Supreme Court in the place of a justice who was recused from a case. Request for Entry of Default (Application to Enter Default), Felony Advisement of Rights, Waiver, and Plea, Public Information Regarding Property Bonds, Request for Copy of Notice of Default and Sale, Criminal Protective Order - Domestic Violence, Criminal Protective Order - Other than Domestic Violence, Petition to Seal Arrest and Related Records, Information on How to File a Petition to Seal Arrest and Related Records, Request For Matter To Be Calendared (For Attorney Use Only), Request for Matter to be Placed on Misdemeanor Calendar, Statement of Assets - Financial Evaluation, Authorization to Access Confidential Court Documents by Agent for Attorney of Record, INFO - ADR Information for Unlimited Civil, Notice to Defendants in Unlimited Jurisdiction Civil Actions, ADR Case Management Stipulation (Limited Jurisdiction Civil Cases), Application and Order to Serve Summons by Posting, Notice of Hearing-Decedents Estate or Trust, Duties and Liabilities of Personal Representative, Notice of Proposed Action (Objection-Consent), Allowance or Rejection of Creditors Claim, Case Questionnaire-For Limited Civil Cases (Under $25,000), Request for Domestic Violence Restraining Order, Request for Child Custody and Visitation Orders, Request for Order: No Travel with Children, Notice of Court Hearing (Domestic Violence), Request to Continue Court Hearing and Reissue Temporary Restraining Order, Notice of New Hearing and Order on Reissuance, Response to Request for Domestic Violence Restraining Order. Click here to learn more about mediation. The court may conduct a disposition hearing immediately after the juvenile has been adjudicated, unless the multidisciplinary treatment team must first be convened. After a hearing, the judge may order the juvenile to participate in noncustodial counseling or community services for up to six months. Rule 33, RJP. They regularly attend Kingdom: A Community Church. As an assistant prosecutor, he helped establish the Cabell County Juvenile Drug Court in 1999. Rule 8(b), RJP. A juvenile is entitled to file any suppression motions before the transfer hearing. Rule 20(e)(6), RJP. Rule 42, RJP. He received an undergraduate degree in accounting from West Virginia University in 1978 and a law degree from West Virginia University College of Law in 1981. In 1974 he began a general practice of law, primarily as a litigator, and continued that practice until his appointment to the bench. WebJuvenile Court Forms . Use a blue or black ink pen when filling out the forms. How Do I Ask the Court to Renew My Restraining Order? He received his bachelors degree in political science from West Virginia University in 1968 and his law degree from West Virginia University College of Law in 1971. Restraining Order After Hearing (CLETS-OAH), Proof of Service by Mail (CLETS) (Domestic Violence Prevention). Each of the subsections specifically setting out grounds for mandatory or for discretionary transfer, however, requires only probable cause. (excluding Minor Guardianship) Form. The involved case worker, probation officer, or truancy diversion specialist will monitor the juvenile's compliance with the terms of the diversion agreement. He graduated from Xavier University in 1971 and West Virginia University College of Law in 1978. She has also served as a judicial clerk, an assistant prosecuting attorney, and an assistant public defender. Hearsay evidence may also be admitted if the court concludes that the evidence is reliable and it would be unreasonably burdensome to produce the primary source of the evidence. sevcon millipak 633t45320 manual. You are the Petitioner and the Protected Party. No one who is listed on your papers can interpret for you. Rule 35(c), RJP. The juvenile and a parent, guardian, or custodian must consent. Your orders will last until the new hearing date. In 1968 he was one of one hundred young lawyers to be awarded a U.S. Office of Economic Opportunity (OEO) Reginald Heber Smith Community Lawyer Fellowship. CHWs reach They have six adult children, four grandchildren, and also unofficially adopted one of his basketball players, caring for him from the 6th grade until he left for college in 2015. W. Va. Code 49-4-409(a); Rule 45, RJP. Judge Scott serves as the Judge for the Monongalia County Adult Drug Court, and previously served on the Monongalia County Sexual Assault Response Team (SART), the Monongalia/Preston Counties Violence Against Women Act - STOP Team, the Human Rights Committee for the Monongalia County Youth Services Center, and she worked directly with the Court Appointed Special Advocate Program (CASA). 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