In re: J.W.

Summary

The Supreme Court of Appeals of West Virginia affirmed a juvenile dispositional order placing J.W. in the custody of the Division of Juvenile Services until age twenty-one after adjudications for breaking and entering, petit larceny, and conspiracy. The court held that the placement was neither arbitrary nor capricious and constituted the least-restrictive alternative appropriate to J.W.’s needs and the community. The court also concluded that placement at an out-of-state facility was unnecessary because suitable in-state facilities were available.

Holdings

1. The circuit court did not abuse its discretion or act arbitrarily and capriciously by placing J.W. in a juvenile facility until age twenty-one; the placement constituted the least-restrictive dispositional alternative appropriate to his needs and the community.
2. The circuit court properly declined to place J.W. at the out-of-state Summit Academy because the court found that in-state facilities were equipped to address his specific problems.

Questions Presented

1. Whether the circuit court's dispositional order placing J.W. in a Division of Juvenile Services facility until age twenty-one was arbitrary and capricious.
2. Whether the circuit court failed to select the least-restrictive dispositional alternative appropriate to J.W.'s needs and the community.
3. Whether placement at an out-of-state facility, specifically the Summit Academy in Pennsylvania, was required or appropriate.

Disposition

affirmed