West Virginia Code of State Rules Agency 101 - Juvenile Services
West Virginia Code of State Rules — Agency 101: Juvenile Services
1. Overview of Agency 101
Agency 101 – Juvenile Services is a set of administrative rules that establishes minimum standards for juvenile detention and correctional facilities in West Virginia. Its main purposes are:
Ensure safe, secure, and humane conditions for juveniles in custody.
Provide clear operational standards for facility administration, staff, and programs.
Protect juveniles’ rights while promoting rehabilitation.
These rules are issued under the authority of West Virginia Code §49‑4‑721, which empowers the Division of Juvenile Services to create rules governing the operation of juvenile facilities.
2. Key Sections of Agency 101 (Series 101‑01)
§101‑1‑1: General
Establishes the scope of the rules.
Sets standards for facility operation, maintenance, and compliance monitoring.
Non-compliance can trigger corrective actions by state authorities.
§101‑1‑2: Administration and Organization
Defines facility management responsibilities.
Requires policies aligned with rehabilitation goals and recognized juvenile correction standards.
Facilities must have clear reporting procedures and cooperate with oversight agencies.
§101‑1‑3 to §101‑1‑5: Personnel and Training
Staff must meet qualification and background check requirements.
Facilities must provide training on juvenile rights, safety, and rehabilitation methods.
Staff performance and training must be documented.
§101‑1‑6: Juvenile Records
Facilities must maintain accurate records for each juvenile, including:
Intake forms and legal status
Medical and mental health records
Case plans and disciplinary reports
Records must be secure, confidential, and reviewed regularly.
§101‑1‑7: Physical Plant Standards
Facilities must meet standards for:
Safety (fire alarms, emergency exits)
Hygiene and sanitation
Lighting, ventilation, and heating
Living conditions must support rehabilitation and dignity.
§101‑1‑8 to §101‑1‑17: Programs and Care
Health Care: Daily medical access, mental health care, and medication management.
Discipline: Prohibits corporal punishment; establishes fair and documented disciplinary procedures.
Education: Juveniles must have access to schooling and vocational training.
Recreation and Visitation: Daily exercise, recreational programs, and family visits.
Grievance Procedures: Juveniles may report abuse, neglect, or unsafe conditions.
3. Juvenile Rights Under the Rules
West Virginia law and Agency 101 ensure juveniles have rights, including:
Protection from physical punishment or cruel treatment.
Access to clean clothing, showers, and safe housing.
Access to education, recreation, and religious services.
Confidential communication with attorneys and guardians.
Ability to report abuse or grievances safely.
4. Enforcement of Agency 101
State monitors facilities regularly to ensure compliance.
Inspections check physical conditions, staff training, record keeping, and juvenile treatment.
Non-compliance can result in corrective plans, suspension of facility licenses, or closure.
Facilities must comply with both state and federal juvenile justice standards, including the separation of juveniles from adult detainees.
5. Relevant West Virginia Case Law
State ex rel. RCF v. Wilt (1979)
Issue: Juveniles held in adult jails.
Holding: Detaining juveniles in adult jails violates law.
Significance: Confirms need for separate, secure juvenile facilities consistent with rehabilitation goals.
Panel v. Coe (1991)
Issue: Standards for juvenile detention and hearings.
Holding: Juveniles must not be detained unnecessarily; facilities must operate within legal capacity.
Significance: Reinforces statutory requirements for timely hearings, proper placement, and safe conditions.
Key Principle from Case Law: Juvenile detention must protect safety, rights, and rehabilitation. Facility conditions must meet statutory and administrative standards.
6. Summary Table
| Topic | Summary |
|---|---|
| Purpose | Set minimum standards for juvenile detention and correctional facilities. |
| Authority | West Virginia Code §49‑4‑721 and related juvenile laws. |
| Content | Facility administration, staff training, juvenile records, health care, discipline, education, recreation, visitation, and abuse prevention. |
| Juvenile Rights | Protection from abuse, access to services, right to education and legal counsel, grievance procedures. |
| Enforcement | State monitoring, corrective actions, and potential facility closure for violations. |
| Key Cases | Wilt (1979) — juveniles must not be held with adults; Panel v. Coe (1991) — facilities must comply with standards. |
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