H. B. 2491
(By Delegates Caputo and Manchin)
January 22, 2003
; 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
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
(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