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eBook details

• Title: State v. Steven H
• Author : In the Supreme Court of Appeals of West Virginia January 2004 Term
• Release Date : January 17, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Submitted: April 28, 2004 This is an appeal by Steven H., 1 a juvenile status offender (hereinafter ""Appellant""), from an order of the Circuit Court of Hardy County placing the Appellant in an out-of-home placement. On appeal, the Appellant seeks release from such placement. Upon thorough review of the record, the arguments of counsel, and the applicable precedent, we find no reversible error and affirm the school placement accomplished by the order of the lower court. I. Factual and Procedural History On February 18, 2000, the Appellant's mother filed a status offender petition, alleging that the Appellant, then age twelve, 2 had begun behaving inappropriately in 1999 and that the Appellant's misbehavior had affected his school attendance. 3 On March 24, 2000, the Appellant admitted delinquency as a status offender. By agreement, the Appellant was placed on a one-year improvement period, pursuant to West Virginia Code § 49-5-9 (1998) (Repl. Vol. 2001). The State filed a Petition to Revoke the Appellant's improvement period on May 11, 2000, based upon the Appellant's continued refusal to attend school regularly and maintain appropriate behavioral standards. The lower court reviewed the Appellant's progress with counseling and other services and noted that the Appellant had failed to cooperate in services provided through Cassidy White of Action Youth Care; Dawn G. Day, Youth Services Supervisor for the West Virginia Department of Health and Human Resources (herinafter ""DHHR""); and Ken Powers of the DHHR.

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