H. B. 2158


(By Delegates Caputo, Staton,

Manchin, Prunty and C. White)


[Introduced February 14, 2001 ; referred to the

Committee on the Judiciary then Finance.]




A BILL to amend and reenact section fifteen, article five, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to limiting the number of cases that juvenile probation officers are required to handle.

Be it enacted by the Legislature of West Virginia:

That section fifteen, article five, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 5. JUVENILE PROCEEDINGS.

§49-5-15. Juvenile probation officers; appointment; salary; facilities; expenses; duties; powers.
(a) (1) Each circuit court, subject to the approval of the supreme court of appeals and in accordance with the rules of the supreme court of appeals, shall appoint one or more juvenile probation officers and clerical assistants for the circuit. Juvenile probation officers may not be required to supervise more than one hundred active court cases. A probation officer or clerical assistant may not be related by blood or marriage to the appointing judge.
(2) The salary for juvenile probation officers and clerical assistants shall be determined and fixed by the supreme court of appeals. All expenses and costs incurred by the juvenile probation officers and their staff shall be paid by the supreme court of appeals in accordance with its rules. The county commission of each county shall provide adequate office facilities for juvenile probation officers and their staff. All equipment and supplies required by juvenile probation officers and their staff shall be provided by the supreme court of appeals.
(3) A juvenile probation officer may not be considered a law-enforcement official under any provision of this chapter.
(b) The clerk of a court shall notify, if practicable, the chief probation officer of the county, or his or her designee, when a juvenile is brought before the court or judge for proceedings under this article. When notified, or if the probation officer otherwise obtains knowledge of such fact, he or she or one of his or her assistants shall:
(1) Make investigation of the case; and
(2) Furnish information and assistance that the court or judge may require.

NOTE: The purpose of this bill is to limit the caseload that juvenile probation officers maintain so that they may properly supervise special needs juveniles, thereby preventing some of those children from being placed in group homes.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.