Current through December 29, 2025 · Last verified July 8, 2026
In one sentenceRule 39 requires both parties without an agreed parenting plan to undergo separate, private premediation screening within 14 days, and keeps everything but the short report out of the record.
(a)Orders requiring premediation screening. — No later than five days after the scheduling conference or other hearing at which the court first determines that the parties do not have an agreed parenting plan, the court shall order both parties to complete a premediation screening process for the purposes set forth in W. Va. Code, § 48-9-202(b). The order shall require the parties to undergo premediation screening within 14 days of the date of the conference or hearing; inform the parties of the dates, times, and places at which premediation screening will be held; and require the parties to meet separately and privately with a screener.
(b)Pre-mediation screening procedures. — All premediation screening shall employ the required premediation screening forms; and shall be conducted by individuals, who may be family court personnel, meeting the qualifications and training requirements established by the supreme court of appeals. Screeners may report suspected child abuse or neglect under W. Va. Code, § 49-2-803 and shall so inform the party being screened prior to the commencement of screening. Other than the abbreviated premediation screening report, no notes or other documents used in premediation screening are part of the record.
(c)Report of premediation screening. — No later than five days after the conclusion of premediation screening the screener shall send a copy of the abbreviated premediation screening report to the court and the parties. The report shall be made on the required form; identify the existence of any of the elements listed in W. Va. Code, § 48-9-11--202(b); and set forth the screener's recommendations.
End
Amendment History
[Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005; and by order adopted May 22, 2007, effective July 1, 2007; and by order entered and effective January 24, 2025.]
Plain-English Summary
Within five days of the scheduling conference or other hearing at which the court first finds the parties have no agreed parenting plan, it must order both of them through premediation screening for the statutory purposes. The order requires screening within 14 days of that conference or hearing, tells the parties the dates, times and places, and requires them to meet separately and privately with a screener.
Screening uses the required statewide forms and is conducted by individuals — who may be family court personnel — meeting the qualifications and training the supreme court of appeals sets. Screeners may report suspected child abuse or neglect under the statute, and must tell the party being screened so before screening begins. Other than the abbreviated report, no notes or other documents used in screening form part of the record.
Within five days of finishing, the screener sends the abbreviated premediation screening report to the court and the parties. It goes on the required form, identifies whether any of the statutory elements is present, and sets out the screener's recommendations.
Frequently Asked Questions
When is premediation screening ordered?
No later than five days after the scheduling conference or other hearing at which the court first determines the parties do not have an agreed parenting plan.
How soon must screening happen?
Within 14 days of that conference or hearing.
Do the parties attend together?
No. The order requires the parties to meet separately and privately with a screener.
Is what is said in screening part of the record?
No, other than the abbreviated premediation screening report. No notes or other documents used in premediation screening are part of the record.
Can a screener report suspected abuse?
Yes, under W. Va. Code § 49-2-803 — and the screener must inform the party being screened of that before screening begins.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Practice and Procedure for Family Court (W. Va. R. Prac. & P. Fam. Ct. 39). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
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