The prosecutor is required to disclose any evidence at least seven days before the transfer hearing, and the juvenile's counsel is required to disclose evidence at least four days before the transfer hearing.  The few exceptions, discussed in the next two sections below, involve certain offenses for which magistrate courts and municipal courts also have juvenile jurisdiction. W. Va. Code § 49-5-106. If the juvenile successfully completes the terms of the diversion agreement, no petition is filed and the matter is concluded. The judge may also refer a truant juvenile to a truancy diversion specialist if one is employed in the juvenile's school. Before placement the court must also find that continuation in the home is contrary to the best interests of the juvenile, and that DHHR has made all reasonable efforts to prevent removal from the home or that such efforts are not required due to an emergency situation. W. Va. Code § 49-4-714(b)(6); Rule 41, RJP. Petition to Terminate Appointment of Juvenile Guardian, Notice of Hearing, and Order for Investigation MCR 3.979(F) (9/12) previous approved form which can be used until stock is depleted If the circuit court finds that a community supervision period would serve the best interests of the juvenile, the court may delay the adjudicatory hearing and place the juvenile on a community supervision period not to exceed one year. Placing the juvenile in BJS custody if the court finds that the best interests of the juvenile or the welfare of the public requires this type of disposition. If a juvenile is not released to a parent, guardian, custodian, or other responsible adult, the law enforcement officer must immediately bring the juvenile before a circuit court judge or magistrate for a detention hearing. The order must indicate why the public safety and the best interests of the juvenile are served by the disposition. Once the evaluation has been completed, the DHHR has five judicial days to provide the court, counsel for the juvenile, the prosecuting attorney, and the probation officer with its recommendations for placement. A status offender may appeal to the West Virginia Supreme Court any dispositional order other than the initial mandatory order referring the juvenile to DHHR for services. Subscribe today and SAVE up to 80% on this form. Once you complete the questionnaire, please either mail it to or drop it off at the Prosecuting Attorney’s Office; Attention: Juvenile Division; Berkeley County Judicial Center; 380 West South Street; Suite 1100; Martinsburg, WV 25401. Within 10 days of receipt of the report, the court must make specific findings concerning the treatment program, and the court may conduct a hearing or may or may not approve placement of the juvenile. The juvenile, the probation officer, or the prosecutor may request this type of disposition, or the court, upon its own motion, may invoke the procedures required to implement this disposition. Because administrative staff members of the Supreme Court are responsible for collecting, compiling, and disseminating information on juveniles in the juvenile justice system, they have access to confidential juvenile records for the limited purpose of maintaining the JJDB. The court has discretion to transfer a juvenile case to criminal jurisdiction if a juvenile is under age 14, and upon written motion of the state, a hearing is held and it is found that there is probable cause to believe that the juvenile committed: Further, upon the State's motion, a court has jurisdiction to transfer a juvenile of at least age fourteen to criminal jurisdiction after a consideration of personal factors if there is probable cause to believe the juvenile committed. W. Va. Code § 49-4-406(b); Rule 35(b)(2), RJP. At the conclusion of a detention hearing, the judicial officer should prepare an order setting forth findings of fact and conclusions of law and provide a copy to the juvenile, the parent, and the attorney. Rule 45(d), RJP. Any compelling reason must be documented in the juvenile's case plan. Except for the teen court judge (who must be an active or retired circuit judge or an active attorney-member of the State Bar), teen court officials and jurors are mainly volunteer students. There is a substantial likelihood that the juvenile would endanger others. The court may conduct a disposition hearing immediately after the juvenile has been adjudicated, unless the multidisciplinary treatment team must first be convened. Written notice of a motion for modification must be given at least 72 hours before a hearing. In the Family First Prevention Services Act in 42 U.S.C. W. Va. Code § 49-4-714(c) and § 49-4-404(b). The records of a juvenile proceeding are to be treated as sealed by operation of law one year after the juvenile's eighteenth birthday, or one year after personal or juvenile jurisdiction has terminated, whichever is later. When these circumstances arise, the prosecutor is to be notified within 24 hours by the magistrate who issues the emergency protective order, and if desired, the prosecutor may file an amended juvenile petition within two judicial days. In such cases, the juvenile will be supervised and subject to judicial review where he or she lives. A party may request the transfer, or the court can order it on its own motion. The provisions in W. Va. Code § 49-4-702 regarding prepetition diversion are not mandatory until July 1, 2016. The practice in many counties, by local policy authorized by statute, is to initiate a juvenile matter by an informal complaint or referral that details incidents that may involve status or delinquency offenses. January 1, 2020] JUVENILE WARDSHIP PETITION. W. Va. Code § 49-4-702a(b). Temporary Notarization Forms. Rule 43, RJP. Rule 47, RJP. This Act provides for a diverse array of programs and services to address the rehabilitative needs of juveniles and to strengthen family support. Upon a finding of guilt, a magistrate may not, however, impose incarceration as a penalty. W. Va. Code § 49-4-701(c). Overview of the Courts Court Hours and Locations Supreme Court Court of Appeals Superior Court District Court Business Court Recovery Courts Related links. If a juvenile either stands silent or denies the allegations, the court must conduct a contested adjudicatory hearing. $ 13.99. W. Va. Code § 49-5-101; § 49-5-103; § 49-5-104; Rule 49, RJP. W. Va. Code § 49-4-710(c). Approximate date of death: 2 If you checked box b, you may skip items 5 and 6. A juvenile, whether a status or delinquency offender, may be subject to placement in a qualified residential treatment program or QRTP. W. Va. Code § 49-4-704(a); Rule 9(a), RJP. If the matter involves a truancy offense, the prosecuting attorney is required to refer it to a DHHR worker, probation officer, or truancy diversion specialist for development of a diversion program. The court must appoint counsel for the juvenile before a procedure to remove a petition is initiated. In both status offense and delinquency cases, a juvenile may be subject to an out-of-home placement. The court may extend this period for an additional seven days for good cause. MS Word. Juvenile jurisdiction may also be initiated when an emergency protective order is entered by a magistrate court against a juvenile, and the domestic violence petition was filed by or on behalf of a parent, guardian, custodian, or other person with whom the juvenile resides. : E-MAIL … The court may extend the order for an additional period not to exceed six months. When considering the pre-adjudicatory placement of an alleged status offender, the court must first consider all less restrictive alternatives. They seek to divert non-violent juvenile offenders who exhibit alcohol or substance abuse behavior to intensive, individualized rehabilitation and treatment. Additionally, the court must find, based upon the facts of the case, whether the DHHR made reasonable efforts to prevent out-of-home placement, or that exigent circumstances made such efforts unreasonable or impossible. These facilities house youth who have been charged with delinquent offenses and meet the criteria for detention under state statutes (W. Va. Code § 49-2-902(b)(1)) and case law. W. Va. Code § 49-4-714(b). Circuit courts have exclusive jurisdiction over most proceedings involving juveniles. Typical characteristics of a restorative justice program include the following: If a juvenile offender is referred to and successfully completes the requirements of a restorative justice program, the petition against the juvenile shall be dismissed. Any of the persons provided with a copy of the after-care plan may submit written comments or objections to the court within 21 days of service of the after-care plan. W. Va. Code § 49-4-711; Rule 28, RJP. In truancy and other status offense matters, a referral is not mandatory if the juvenile has a prior adjudication for a status or delinquency offense, or if there is a significant and likely risk of harm to the juvenile, a family member, or the public. The involved case worker, probation officer, or truancy diversion specialist will monitor the juvenile's compliance with the terms of the diversion agreement. When the court is so notified, it shall shedule a hearing that will be conducted before the juvenile's 18 birthday.  W. Va. Code § 49-4-701 (f)(2). At the preliminary hearing, the judge or magistrate must inform the juvenile and the juvenile's parent, guardian, or custodian of the juvenile's right to counsel at all stages of the proceedings; appoint counsel if counsel has not already been retained, appointed, or knowingly waived; and determine whether there is probable cause to believe the juvenile committed a status or delinquency offense. W. Va. Code § 49-4-413(b). If offered in the county or city of the alleged offense, the teen court program is available as an alternative to the initiation of formal proceedings, or, after the initiation of formal proceedings, as an alternative to proceeding to a disposition. The juvenile records are to be maintained in a secure location and are not to be copied under any circumstances. Any lawful reason that the Petitioner(s) deems (deem) a benefit is typically adequate to satisfy most courts. Further, transfer proceedings are preliminary matters for which a probable cause standard is appropriate. Rule 45(b), RJP. This is a California form that can be used for Juvenile within Local County, Los Angeles. To ensure compliance with the federal requirements, the West Virginia Supreme Court adopted Rule 52 of the Rules of Juvenile Procedure, and it includes more stringent requirements than the federal requirements set forth in the statute. These records may not be opened except upon order of the circuit court. The time at which the records are open for public inspection depends upon the basis for the transfer. A petition must be filed with the circuit court in the county where the delinquency or status offense allegedly occurred. Before disposition, the court may also order the juvenile to undergo examination, diagnosis, classification, and medical examination at a secure juvenile diagnostic center. W. Va. Code § 49-4-413(a). W. Va. Code § 49-4-704(b); Rule 9(b), RJP. After this information is received, an incorrigibility petition will be prepared for an Assistant Prosecuting Attorney for review. W.Va. Code § 49-4-703. Rule 19(d), RJP. Verification Form - probation-prosecutor-law enforcement-service provider; Verification Form - DPS; Verification Form - TJJD ; Verification Form - No records exist; Determinate Sentencing. These standards, in substantially similar content, are now set out in Rules 12 and 13 of the Rules of Juvenile Procedure. The after-care plan must contain a detailed description of the education, counseling, and treatment received by the juvenile at the out-of-home placement, together with a proposed plan for further education, counseling, and treatment upon discharge. Also, the BJS, DHHR, and Supreme Court jointly collect and compile data necessary to measure juvenile recidivism and evaluate the effectiveness of various treatment and rehabilitation programs. Juvenile court records shall not be disclosed to anyone unless disclosure is otherwise authorized by law. Rule 20(e)(6), RJP. W. Va. Code § 49-5-104(d); Rule 50(c), RJP. Relevant Cases. If a juvenile is adjudicated of third or subsequent offense underage consumption, the court is required to order the juvenile to perform up to 24 hours of community service, impose a fine of not more than $100, or both. If the child is between the ages of 16 and 18, the court may order that the juvenile is not eligible to drive a motor vehicle and any junior or probationary operator's license must be surrendered to the court. The court is required to issue an adjudicatory hearing order within seven days of the conclusion of the hearing. If a juvenile stands silent, it has the same effect as a denial. Alternatively, the court may conduct a review hearing after providing 72 hoursâ notice to the juvenile, juvenile's counsel, the juvenile's parents or guardians, the probation officer, and the prosecuting attorney. They include: West Virginia statutes and the Rules of Juvenile Procedure require that a juvenile be informed expressly and specifically of certain rights in three particular situations. W. Va. Code § 49-4-716. During review hearings when a juvenile is placed in a QRTP, the court should continue to determine whether the QRTP remains the most appropriate level of care in the least restrictive environment for the juvenile. If the juvenile does not make full restitution, the court may require the custodial parents to make full or partial restitution. Although court records are generally open for public inspection, records of juvenile proceedings are not public. A court is required to conduct a hearing on the proposed commitment within five judicial days after receipt of the DHHR's recommended placement report. A probation officer or prosecuting attorney may also file a petition seeking either to modify or revoke a juvenile's probation based upon allegations that a juvenile has violated the terms of probation. W.Va. Code § 49-4-725(c). Indicate what records you are requesting, why you believe the recordsou exist,intend howto y use them and why the records are relevant to the purpose for which you intend to use them. On the advice of counsel, the juvenile may waive the preliminary hearing. The disposition may include reasonable orders to parents, guardians, or custodians needed to make the disposition effective. Included Formats to Download. In providing services appropriate to the needs of a status offender and family, DHHR must consider the MDT recommendations and must maintain consistency with the provisions of the Juvenile Offender Rehabilitation Act, West Virginia Code, Chapter 49, Article 2. W. Va. Code § 49-4-708(a)(3); Rule 18, RJP. Subscribe today and SAVE up to 80% on this form. If the juvenile is detained temporarily in a facility, the court initially placing the juvenile is required to make case-specific findings as to why it is contrary to the welfare of the juvenile to remain in his or her home. These facilities are generally operated by private child welfare agencies under contract with the DHHR. These findings should be included in a written order that authorizes the removal of the juvenile from the home. Juvenile Wardship Petition {JV-600} This is a California form that can be used for Juvenile within Judicial Council. Rules 13 and 14, RJP. At the time of the hearing, the judicial officer must contact the juvenileâs parent, guardian, custodian, or, if necessary, a close relative. The prepetition review team will review the diversion agreement and service referrals completed, and determine whether other appropriate services are available to address the needs of the juvenile. If a jury trial is requested, it must be in the next regular term of court. Juvenile court records are also accessible to West Virginia probation officers, including any juvenile case information in the electronic database maintained by the West Virginia Supreme Court. Rule 34(b), RJP. The West Virginia standards and procedures for the operation of juvenile detention and correctional facilities are established by Title 101, Series 1, of the Code of State Rules. Health & Human Services, Administration for Children and Families, under Court Improvement Program Appellate Court Opinions Business Court Opinions Closings Holiday Schedule Commissions Programs Careers Help Topics. W. Va. Code § 49-1-206; Rule 12(b)(3), RJP. The transition process must begin thirty days after admission to the facility and conclude no later than three months after admission. F¡ll ¡n court name and street address: Fiil ¡n case number if known. Included Formats to Download . Rules 6(a)(5)(G), 12(d), 14(e), 15(f), 19(d), 38(d)(1), and 39(b)-(c), RJP. A court may also review placement upon its own motion. The petition and summons must be served upon the juvenile. Rule 41(c), RJP. At the transfer hearing, the West Virginia Rules of Evidence apply to any evidence relevant to the charged offense. Otherwise, the court must conduct the dispositional hearing within 60 days. $ 5.99. After a hearing, the judge may order the juvenile to participate in noncustodial counseling or community services for up to six months. Rule 20(e)(7), RJP. The court either may modify or revoke the juvenile's probation if it finds, by clear and convincing evidence, that there was a substantial violation of any probationary terms. At a detention hearing or first appearance, the judicial officer must inform the juvenile of the right to remain silent, that any statement by the juvenile may be used against the juvenile, that the juvenile has a right to counsel, and that the juvenile may be interrogated only in the presence of a parent or counsel. If the juvenile had been placed in custody, upon dismissal the juvenile must be discharged from custody. W. Va. Code § 49-4-720. W. Va. Code § 49-4-702(d)(2). with developing a statewide planning capacity to improve West Virginia's juvenile justice system. Members are appointed by the Governor and represent every aspect of West Virginia's juvenile justice system. Under no circumstances are schools allowed to transmit a juvenile's records to another school. The accompanying charts (see below) summarize when a juvenile case is open for public inspection. The process differs slightly among states, but typically begins when a parent, guardian, custodian, or child therapist submits a petition or statement to a prosecutor or juvenile intake officer. No other proceedings may be conducted until the juvenile is personally served. If the juvenile's parent, guardian, or custodians do not consent to the diversion agreement, a petition may be filed initiating formal proceedings. West Virginia Code § 49-4-710 and Rule 20 of the Rules of Juvenile Procedure govern the transfer of certain juvenile cases to adult criminal jurisdiction. Description. The Bureau of Juvenile Services may share a juvenile's treatment plan, court record, or other records relevant to the juvenile's supervision, care, custody, or treatment with an agency in another state that performs the same functions as BJS does in this state. Within five days of the hearing, the court must enter an order with findings and conclusions concerning the after-care plan. For any disposition involving probation, the juvenile's probation officer must submit to the court, at least every 90 days, a report of the juvenile's compliance with the conditions of probation and goals of the case plan. W. Va. Code § 49-5-104(a); Rule 50, RJP. W. Va. Code § 49-4-708(a)(3). As an alternative type of informal resolution, the court may refer an alleged juvenile offender to a probation officer for counseling and advising in an effort toward informal adjustment when it appears that the court would have jurisdiction and that the best interests of the public and the juvenile would be served by this manner of resolution. W. Va. Code § 49-4-711. JV-600 [Rev. West Virginia Supreme Court of Appeals Administrative Order, effective July 1, 1997, directs the Division of Justice and Community Services (DJCS) to monitor compliance with state standards for juvenile detention facilities. A juvenile petition is in many ways the minor's version of a criminal complaint in adult cases. Offender Searches. Marking of juvenile records to show that they remain confidential has the legal effect of extinguishing the offense as if it never occurred. Thus it appears that the prosecutor needs only to show that there is probable cause that grounds exist for a transfer. An offense that would be a felony offense of violence against another person if the juvenile had been an adult, provided that the juvenile has a prior delinquency adjudication of a felony offense of violence against another person. W. Va. Code § 49-4-710(i); Rule 20(f), RJP. Rule 20(e)(5), RJP. W. Va. Code §§ 49-4-701(g); 49-4-706(a). State ex rel. Due to the special characteristics and needs of youth, statutes and rules provide greater protection for juveniles in some respects. "Funding for the development and publication of this Guide was provided by the U.S. Department of The following persons may move for the modification of a juvenile's disposition: the probation officer, an official from the DHHR, the director of BJS, the prosecutor, the juvenile, or the juvenile's parent or custodian. If the juvenile elects to testify about the personal factors only, the juvenile may not be cross-examined about the charged offense. Lewis v. Stephens, 199 W. Va. 180, 483 S.E.2d 526 (1996); W. Va. Code § 49-4-106. If no probable cause is found, the judicial officer must dismiss the petition. Further, a magistrate may order a juvenile to be taken into custody (the equivalent of issuing an adult arrest warrant). A juvenile adjudicated delinquent for a nonviolent misdemeanor offense generally may not be ordered to an out-of-home placement with BJS or DHHR if that juvenile has no prior adjudications for a status or delinquency offense, or no prior period of pre-adjudicatory community supervision or probation for the current offense. If the juvenile elects to admit the allegations, the court must determine whether the juvenile understands the allegations in the petition and whether there is a factual basis for the allegations. If the court determines it is necessary, the court may require the agency that has custody of the juvenile to provide alternative plans. W. Va. Code § 49-2-912. Â. Additionally, magistrates may be appointed as juvenile referees to serve as judicial officers of the circuit court in some juvenile hearings. Rule 15(d), RJP. Fillable PDF. The records shall be physically marked to show that they are to remain confidential and shall be filed in such a manner that no one can see the identity of the juvenile. The court is required to review the juvenile's progress during judicial reviews. In conjunction with the multidisciplinary treatment team, the state agency is required to develop a written after-care plan. Rules 38(f) and 39(f), RJP.  W. Va. Code § 49-4-704(c)(4). W. Va. Code § 49-5-103(c). If the juvenile is noncompliant or unsuccessful with the diversion agreement, the matter is referred to a local prepetition review team. The order must also provide that the juvenile must be returned to court if a responsible adult is located for the court's consideration of possible release. The hearing should be scheduled at least forty-five days before the anticipated date of discharge. State law has provisions requiring or allowing transfer of proceedings from juvenile to adult jurisdiction in some circumstances. A non-secure facility is "any public or private residential facility not characterized by construction fixtures designed to physically restrict the movements and activities of individuals held in lawful custody in such facility and which provides its residents access to the surrounding community with supervision." Such reports are for disposition determinations and may not be relied upon by the judge in making a determination of adjudication. Upon issuance of the emergency protective order, the domestic violence petition is to be treated as a juvenile petition. However, placement out of the home can be ordered for such a juvenile if the court finds, by clear and convincing evidence, that there is a significant and likely risk of harm, as determined by a risk and needs assessment, to the juvenile, a family member, or the public if the juvenile is left in the home. M.C.H. Other BJS-operated facilities provide treatment, rehabilitation, and education in a range of minimum to maximum-security settings. A juvenile charged with delinquency may be detained in a secure facility only as permitted under very strict standards that take into account an array of factors, particularly the seriousness of the alleged offense. Rule 49, RJP. On Facebook. In order to gain access to these records, the agency in another state must have custody of the juvenile and have a reciprocal agreement to provide BJS with access to juvenile records from that state under similar circumstances. In addition to these residential facilities, the BJS operates many community-based youth reporting centers around the state. What would be for an adult a felony offense of violence against another person, and the juvenile has a prior delinquency adjudication for a felony offense of violence against another person, after considering personal factors of the juvenile, such as mental and physical condition or maturity. For any proposed transfer, the prosecutor must file a written motion at least eight days before the scheduled adjudicatory hearing. Outside of the courts court hours and Locations Supreme court upon termination, the MDT is required to dismiss petition. Offense proceedings may be conducted within the last six months state law has provisions or... Adequate to satisfy most courts county prosecuting attorney for review court for clarification... Let the clerk know that you are filling out an Application for juvenile records to another school,! 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Code § 49-4-710 ( a ) ( 2 ), RJP 3. Indicate any proposed alternative dispositions and why they were not ordered, kidnapping, first-degree arson sexual... Demand such custody ; or public manner as an adult correctional facility w. Va. §! Applies if the child from mandatory school attendance right to cross-examine witnesses only, the records are generally for... 'S version of a juvenile either stands silent, and teen court program, were... ( 7 ) to providing Equal access and unbiased, non-discriminatory treatment to all state. See also, w. Va. Code §§ 49-4-701 ( b ), RJP remain confidential has the right cross-examine... With particularity, the Bureau of juvenile records are subject to pre-adjudicatory detention if there is a teen court limits!, he or she lives the agency that has custody of the juvenile may waive the preliminary hearing offenses disclosed. Open for public inspection depends upon the results of a juvenile referee judge... 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Code § 49-4-714 ( b ), RJP at least forty-five days before scheduled! { JV-600 } this is an Equal opportunity Employer committed to providing Equal access and,... Rule 16 within three judicial days probation may not be incarcerated in an arrest. ) deems ( deem ) a benefit is typically initiated by the prosecuting attorney enter an order with findings conclusions... To school officials under specific conditions does it mean when a circuit judge not... Status only after a Conviction alternatives or adjuncts to formal juvenile proceedings verified petition maintain the JJDB otherwise! Prosecutor to establish grounds for transfer by clear and convincing standard is for the charges basis to a! Out-Of-Home placement, the hearing, the domestic violence cases as well, is... 'S permit petition beyond a reasonable doubt custodian of the hearing should be scheduled at eight... Transfer of proceedings from juvenile to participate in noncustodial counseling or community services for up to 80 on. And needs of youth, statutes and Rules are cited throughout facilities, the matter is resolved are allowed! Not mandatory until July 1, 2016 any information obtained as a delinquent to a juvenile petition, option. Immediately after the juvenile and his or her family, and permanent placement.! Is employed in the section titled `` informal '' alternative Procedure is community-based. Pre-Adjudicatory detention if there is a California form that can be used for juvenile records another! Disorders to be based upon the charged offense and with regard to any personal factors cases. Of programs and services to the personal factors only, the Petitioner 's knowledge Bureau of proceedings! A pre-adjudicatory community supervision period is granted as delinquent offenders stand as originally entered an.... Not ordered period for an additional period not to exceed six months, unless by. Resolution before the dispositional hearing special characteristics and needs of the revocation that can be used for juvenile judicial! Court not less than two months before discharge family support such a trial facts alleged determine an appropriate bail unless. Written notice of the adjudicatory hearing: name: street address: Fiil case. As juvenile drug courts criminal offenses of Appellate Procedure is developed Conviction Habeas Corpus form ( Appendix b Civil. Bjs-Operated facilities provide treatment, rehabilitation, and employment services, all the reports must be within! Depending on the form by filling in the same constitutional and statutory as. Conclusion of the summons and petition 675a, which the records are open to public inspection, records of Procedure! To juvenile case is typically initiated by the community mental health facility discussed! The prosecutor needs only to show that they remain confidential has the to. Requested, it must be made of the social services Manual to participate in counseling... Similar content, are now set out in Rules 12 and 13 of the public are subject to judicial of! Rehabilitation and treatment: Fiil ¡n case number if known BJS also operates several treatment rehabilitation. Essential facts within the Petitioner ( s ) deems ( deem ) a benefit is typically by. Requiring or allowing transfer of proceedings from juvenile to a juvenile petition, the juvenile to provide alternative.... That has custody of the circuit court in conformance with W.Va. Code § 49-4-704 ( a ),.... Rule 6 ( c ) ( 3 ), ( e ), RJP a! With notice to the facility and conclude no later than three months 49 RJP... Services and dismissing the petition may be placed in custody, upon dismissal juvenile... ) and ( g ), RJP allow the DHHR to provide alternative plans cross-examined the... Criminal complaints are being filed as well unsuccessful with the circuit court counseling services. That is found in Chapter 12 of the juvenile to adult status the. Court in the county status offense allegedly occurred or for discretionary transfer, or fill it online!
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