(5) Under no circumstances may the same attorney represent both the child and another party. (4) A parent, guardian, custodian, or other person standing in loco parentis with the child who is alleged to have neglected or abused the child and who has not retained counsel and is financially unable to retain counsel beyond the initial hearing, shall be afforded appointed counsel at every stage of the proceedings. (B) Are financially able to retain counsel. (3) The court shall, at the initial hearing in the matter, determine whether persons other than the child for whom counsel has been appointed: (2) The court’s initial order shall appoint counsel for the child and for any parent, guardian, custodian, or other person standing in loco parentis with the child if such person is without retained counsel. (1) In any proceeding under this article, the child shall have counsel to represent his or her interests at all stages of the proceedings. (6) Failure to object to defects in the petition and notice may not be construed as a waiver. (5) A notice of hearing shall specify the time and place of hearings, the right to counsel of the child, parents, and other guardians, custodians, and other persons standing in loco parentis with the child and the fact that the proceedings can result in the permanent termination of the parental rights. (4) If service cannot be obtained by personal service or by certified mail, notice shall be by publication as a Class II legal advertisement in compliance with §59-3-1 et seq. If the person signs the certificate, service is complete and the certificate shall be filed as proof of the service with the clerk of the circuit court. (3) In cases where personal service within West Virginia cannot be obtained after due diligence upon any parent or other custodian, a copy of the petition and notice of the hearing shall be mailed to the person by certified mail, addressee only, return receipt requested, to the last known address of the person. (2) Notice shall be given to the department, any foster or pre-adoptive parent, and any relative providing care for the child. (1) The petition and notice of the hearing shall be served upon both parents and any other guardian, custodian, or person standing in loco parentis, giving to those persons at least five days’ actual notice of a preliminary hearing and at least 10 days’ notice of any other hearing. ─ At the time of the institution of any proceeding under this article, the department shall provide supportive services in an effort to remedy circumstances detrimental to a child. (d) Department action upon filing of the petition. When there is an order for temporary custody pursuant to this article, the preliminary hearing shall be held within 10 days of the order continuing or transferring custody, unless a continuance for a reasonable time is granted to a date certain, for good cause shown. ─ Upon filing of the petition, the court shall set a time and place for a hearing and shall appoint counsel for the child. (c) Court action upon filing of petition. Each petition shall name as a party each parent, guardian, custodian, other person standing in loco parentis of or to the child allegedly neglected or abused and state with specificity whether each parent, guardian, custodian, or person standing in loco parentis is alleged to have abused or neglected the child. The petition shall allege specific conduct including time and place, how the conduct comes within the statutory definition of neglect or abuse with references to the statute, any supportive services provided by the department to remedy the alleged circumstances, and the relief sought. ─ The petition shall be verified by the oath of some credible person having knowledge of the facts. Under no circumstance may a party file a petition in more than one county based on the same set of facts. ─ If the department or a reputable person believes that a child is neglected or abused, the department or the person may present a petition setting forth the facts to the circuit court in the county in which the child resides, or if the petition is being brought by the department, in the county in which the custodial respondent or other named party abuser resides, or in which the abuse or neglect occurred, or to the judge of the court in vacation. Petition to court when child believed neglected or abused venue notice right to counsel continuing legal education findings proceedings procedure. Procedures in Cases of Child Neglect or Abuse.
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