§49-5A-2. Investigation and release of child taken into custody;
A child who has been arrested or who under color of law is
taken into the custody of any officer or employee of the state or
any political subdivision thereof shall be forthwith afforded a
hearing to ascertain if such child shall be further detained. In
connection with any such hearing, the provisions of article five of
this chapter shall apply. It shall be the duty of the judge or
referee to avoid incarceration of such child in any jail. Unless
the circumstances of the case otherwise require, taking into
account the welfare of the child as well as the interest of
society, such child shall be released forthwith into the custody of
his parent or parents, relative, custodian or other responsible
adult or agency.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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