West Virginia

Delinquency and dependency proceedings: The public is generally excluded from juvenile court proceedings in West Virginia, although the court may admit people with a legitimate interest in the proceedings. In delinquency hearings, individuals whose presence is requested by the parties also may attend. W. Va. Code Ann. § 49-5-2 (West 2012); W. Va. Child Abuse and Neglect Proceedings R. 6a.

Delinquency and dependency records: All juvenile court records are confidential and may not be disclosed except to certain individuals and agencies designated by statute. This presumption of confidentiality does not apply, however, to records in cases where the juvenile is being prosecuted as an adult for a criminal offense and in certain cases where a court determined that there was probable cause to believe that the juvenile committed an offense that would subject the juvenile to a transfer to a criminal jurisdiction but the case nonetheless is not transferred. In these cases, the records are open to public inspection pending trial only if the juvenile is released on bond and no longer detained or adjudicated delinquent of the offense. Id. § 49-5-17.

In child abuse and neglect cases where a child dies or nearly dies, the state Department of Health and Human Resources must publicly release information about the fatality or near fatality. But the information will not identify a person who reported or made a complaint of child abuse or neglect.

Restrictions on coverage: Neither West Virginia statutory law nor court rules appear to restrict the media’s ability to attend or electronically cover civil or criminal proceedings involving minors.