Each child abuse and neglect proceeding shall be maintained on the circuit court’s docket until permanent placement of the child has been achieved. The court retains exclusive jurisdiction over placement of the child while the case is pending, as well as over any subsequent requests for modification, including, but not limited to, changes in permanent placement or visitation, except that (1) if the petition is dismissed for failure to state a claim under Chapter 49 of the W. Va. Code, or (2) if the petition is dismissed, and the child is thereby ordered placed in the legal and physical custody of both of his/her cohabitating parents without any visitation or child support provisions, then any future child custody, visitation, and/or child support proceedings between the parents may be brought in family court. However, should allegations of child abuse and/or neglect arise in the family court proceedings, then the matter shall proceed in compliance with Rule 3a.
West Virginia > Circuit Court Proceedings > Rules of Procedure for Child Abuse and Neglect Proceedings > Rule 6. Maintaining case on court docket.
Rule 6. Maintaining case on court docket.
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- Rules of Practice and Procedure for Domestic Violence Civil Proceedings
- Rules of Practice and Procedure for Financial Exploitation Civil Proceedings
- Rules of Procedure for Child Abuse and Neglect Proceedings
- Rule 1. Scope of child abuse and neglect rules.
- Rule 10. Discovery.
- Rule 11. Motion to compel, limit, or deny discovery.
- Rule 12. Judicial management of discovery.
- Rule 13. Preservation of records and exhibits.
- Rule 14. Telephone or video conferences.
- Rule 15. Visitation and other communication with child.
- Rule 16. Emergency custody.
- Rule 16a. Required Entry of Support Orders.
- Rule 17. Pleadings allowed, Form of motions and other papers.
- Rule 18. Contents of petition.
- Rule 18a. Appointments; responsibilities of guardian ad litem.
- Rule 19. Amendments to petition.
- Rule 2. Purpose of child abuse and neglect rules; construction and enforcement.
- Rule 20. Notice of first hearing.
- Rule 21. Effect of personal service on only one parent.
- Rule 22. Preliminary hearing.
- Rule 23. Preadjudicatory improvement period; family case plan; status conference
- Rule 24. Adjudicatory prehearing conference.
- Rule 25. Time of final adjudicatory hearing.
- Rule 26. Stipulated adjudications, uncontested petitions, contents of written reports and admissions
- Rule 27. Findings; adjudication order
- Rule 28. Disposition report by Department – The Child’s case plan; contents of the child’s case plan
- Rule 29. Notice of the child’s case plan
- Rule 3. Definitions.
- Rule 30. Exchange of information before disposition hearing
- Rule 31. Notice of disposition hearing
- Rule 32. Time of disposition hearing
- Rule 33. Stipulated disposition, contents of stipulation, voluntariness
- Rule 34. Rulings on objections to the child’s case plan
- Rule 35. Uncontested termination of parental rights and contested termination and contests to the case plan
- Rule 36. Findings; disposition order
- Rule 36a. Permanency hearing.
- Rule 37. Improvement period; status conference
- Rule 38. Hearing after improvement period; final disposition
- Rule 39. Permanent placement review
- Rule 3a. Pre-petition Investigations.
- Rule 4. Transfer and consolidation.
- Rule 40. Permanent placement review reports
- Rule 41. Permanent placement review conference
- Rule 42. Findings at permanent placement review; order
- Rule 43. Time for permanent placement
- Rule 44. Foster care review
- Rule 45. Review following permanent placement; reporting permanent placement changes
- Rule 46. Modification or supplementation of court order; stipulations
- Rule 47. Status conference
- Rule 48. Separate hearing on issue of paternity
- Rule 49. Accelerated appeal for child abuse and neglect and termination of parental rights cases
- Rule 4a. Venue.
- Rule 5. Contemporaneous civil, criminal, and other proceedings.
- Rule 50. Stays on appeal
- Rule 51. Multidisciplinary treatment teams
- Rule 52. Court-appointed special advocate (CASA) representative
- Rule 53. Case status reporting
- Rule 54. Transitioning Adults
- Rule 55. Qualified Residential Treatment Programs.
- Rule 6. Maintaining case on court docket.
- Rule 6a. Confidentiality of Proceedings and Records; Access by Family Court.
- Rule 7. Time Computation; extensions of time and continuances.
- Rule 8. Testimony of children; inclusion of children in hearings and multidisciplinary treatment team meetings.
- Rule 9. Use of closed circuit television testimony.
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- West Virginia Rules of Juvenile Procedure
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