West Virginia Code of State Rules Agency 101 - Juvenile Services
Here's a detailed breakdown of West Virginia Code of State Rules, Agency 101 – Juvenile Services, governing juvenile detention and correctional facilities:
🏛️ Agency 101 – Legislative Rule: Juvenile Facilities Standards Commission
Title: WV Minimum Standards for Structure, Operation, and Maintenance of Juvenile Detention and Correctional Facilities
Effective Since: May 5, 2003 (apps.sos.wv.gov)
⚙️ Scope & Authority
Establishes minimum standards and procedures for all juvenile detention and correctional facilities under the Division of Juvenile Services .
Implements the mandate from W. Va. Code § 49‑4‑721, which requires the director of juvenile services to propose rules covering facility operations and juvenile rights (code.wvlegislature.gov).
📚 Series 101‑01 – Minimum Standards (§ 101‑1‑1 to 101‑1‑17)
This series outlines the primary structure and content of the rules:
🔹 Section 101‑1‑2 – Administration, Organization & Philosophy
Facilities are administered by the Division per W. Va. Code §§ 49‑5E etc.
Standards align with the American Correctional Association's juvenile detention standards, and WV Group Residential licensing under Title 78 CSR 3 (law.cornell.edu, regulations.justia.com).
Facilities must annually document and publish their philosophy, goals, and policies for staff, residents, and the public (regulations.justia.com).
Policies must comply with state laws on child-care practices, including reporting child neglect or institutional abuse (regulations.justia.com).
📜 Statutory Foundation
These rules implement requirements under W. Va. Code § 49‑4‑721:
The division must set standards for cleanliness, oversight, food, clothing, medical care, visitation, education, phones, grievances, and legal rights (code.wvlegislature.gov).
Juveniles are explicitly protected from physical force, nutrition deprivation, solitary confinement, and have guaranteed rights like exercise, showers, uninterrupted mail/phone, legal counsel, education, and grievance processes (code.wvlegislature.gov).
✅ Key Takeaways
| Feature | Description |
|---|---|
| Applicable Entities | All juvenile detention and correctional facilities under WV Division of Juvenile Services |
| Standards Based On | American Correctional Association + WV Group Residential rules |
| Annual Policy Statement | Must be published for transparency |
| Prescribed Rights | Physical health, contact, legal access, grievance processes mandated |
| Mandatory Reporting | Includes obligation to report institutional abuse or neglect |
🔍 Want to Explore More?
Full text of §§ 101‑1‑1 through 101‑1‑17
Sections detailing staffing ratios, facility design, health services, or education programs
Updates or amendments since the original 2003 filing
Let me know if you'd like the specific rule language, deeper analysis on a section, or comparison with federal ACA juvenile standards!
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