## Facts

- A delinquency petition was filed against D.D.H., a 12-year-old, alleging acts that would be felonies if committed by an adult.
- After an initial detention hearing, she was held in a juvenile section of the county jail; the circuit court appointed counsel for her.
- At a preliminary hearing, some allegations were dismissed and probable cause was found on remaining allegations.
- After release to her mother, D.D.H. was returned to detention without a hearing after missing school; counsel obtained her release shortly thereafter.
- Following a later arrest, she was placed in a county jail in another county; the detention was supported only by a summary order without recorded findings.
- Over the course of the proceedings, she spent substantial time in common county jails or jail sections used for juveniles.
- After adjudication, the circuit court entered a dispositional order committing D.D.H. to a state juvenile institution (Industrial Home for Girls).
- The circuit judge initiated contempt proceedings against appointed counsel and removed him from the case.
- Three matters were consolidated: habeas corpus challenging placement, a writ of prohibition targeting contempt/removal of counsel, and an appeal from adjudication and disposition.

## Issues

1. Whether errors in juvenile detention and adjudicatory procedures required reversal of the delinquency adjudication.
2. Whether the dispositional order complied with West Virginia juvenile law requiring individualized findings and consideration of statutory alternatives to institutional commitment.
3. Whether detaining a juvenile in common county jails violated West Virginia law governing juvenile detention.
4. Whether prohibition should issue to stop contempt proceedings against appointed counsel and the judge’s removal of that counsel.

## Decision

- The court reversed the delinquency adjudication and the dispositional commitment order and remanded for proceedings consistent with statutory juvenile procedures.
- The court granted a writ of prohibition barring the contempt proceeding against appointed counsel and barring the removal of counsel.
- The court condemned housing juveniles in common county jails and warned that such illegality could warrant reversal in future cases.
- The court treated its resolution of the appeal as effectively disposing of the habeas issues concerning placement.

## Legal Principles

- Juvenile adjudication and detention must comply with statutory procedures, including meaningful hearings, an adequate record, and findings sufficient to permit review.
- Juvenile disposition is not automatic or punitive; the court must make an individualized dispositional decision grounded in statutory criteria and the child’s circumstances.
- Disposition must reflect consideration of legally available, less restrictive placements when appropriate, rather than defaulting to institutional commitment.
- Juveniles should not be held in common county jails contrary to statutory detention directives and controlling precedent.
- A court may not use contempt power or counsel removal in a manner that improperly interferes with appointed counsel’s representation in juvenile proceedings; prohibition is available to restrain actions beyond lawful judicial authority.

## Conclusion

The Supreme Court of Appeals of West Virginia set aside both the delinquency finding and institutional commitment because the circuit court failed to follow required juvenile adjudicatory and dispositional procedures, barred the judge’s contempt and counsel-removal actions by prohibition, and forcefully rejected the practice of detaining juveniles in county jails.


State ex rel. D.D.H. v. Dostert, 269 S.E.2d 401 (W. Va. 1980)