State ex rel. R. C. F. v. Wilt

McGraw, Justice:

In this original habeas corpus proceeding, before this Court pursuant to W.Va. Code § 53-4-1, we are urged to award the writ and discharge the relator from further confinement in a jail, which we have done. The underlying issue presented for determination is whether a circuit court or a juvenile referee has any statutory authority under this state’s juvenile statute to incarcerate in a county jail, prior to an adjudication of delinquency, a child under eighteen years of age who is being proceeded against as a juvenile delinquent for the commission of a criminal offense. We…