State v. Kenneth Y., 217 W. Va. 167

Summary

The Supreme Court of Appeals of West Virginia held that a juvenile must be afforded an opportunity to comment on alternative sentencing arrangements before being committed to the Industrial Home for Youth. The circuit court’s failure to provide that opportunity constituted plain error. The court set aside the dispositional order and remanded for resentencing, with a concurring opinion discussing statutory limits on the use of multidisciplinary treatment teams.

Holdings

1. At the dispositional stage of a juvenile delinquency proceeding, when the court is considering commitment to a facility such as the Industrial Home for Youth, the juvenile or counsel must be afforded an opportunity to comment on alternative sentencing arrangements. Failure to provide that opportunity constitutes plain error.
2. The appropriate remedy is to set aside the dispositional order and remand for resentencing with an opportunity for the juvenile to comment on alternative sentencing arrangements.

Questions Presented

1. Whether the circuit court committed plain error by sentencing the juvenile to the Industrial Home for Youth without affirmatively providing the juvenile or his counsel an opportunity to comment on alternative sentencing arrangements.
2. What remedy was appropriate for the denial of the juvenile's opportunity to comment on alternative dispositions.
3. Whether the record was sufficiently developed for appellate review of the juvenile's claim concerning the statutory use of a multidisciplinary team.

Disposition

reversed_and_remanded