There is a newer version of the West Virginia Code
2009 West Virginia Code
CHAPTER 49. CHILD WELFARE
ARTICLE 1. PURPOSES; DEFINITIONS.
- §49-1-1 Purpose.
- §49-1-2 "Juvenile" or "child" defined.
- §49-1-3 Definitions relating to abuse and neglect.
- §49-1-4 Other definitions.
- §49-1-5 Limitation on out-of-home placement.
ARTICLE 2. STATE RESPONSIBILITIES FOR THE PROTECTION AND CARE OF CHILDREN.
- §49-2-1 Care for children committed to the state department.
- §49-2-2 Duration of custody or guardianship of children committed to state department.
- §49-2-3 Development of standards of child care.
- §49-2-4 Repealed
- §49-2-4a Repealed
- §49-2-5 Same -- Supervision, records and reports.
- §49-2-6 Same -- Approval of articles of incorporation.
- §49-2-7 Repealed
- §49-2-8 Repealed
- §49-2-9 Unsupervised foster homes -- Generally.
- §49-2-10 Same -- Certificate.
- §49-2-11 Same -- Visits; records.
- §49-2-12 Same -- Removal of child from undesirable foster home.
- §49-2-13 Parole of certain children to state department.
- §49-2-14 Criteria and procedure for removal of child from foster home; notice of child's availability for placement; limitations.
- §49-2-15 Placing children from other states in private homes of state.
- §49-2-16 State responsibility for child care.
- §49-2-17 Subsidized adoption and legal guardianship.
ARTICLE 2A. INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN.
ARTICLE 2B. DUTIES OF SECRETARY OF HEALTH AND HUMAN RESOURCES FOR CHILD WELFARE.
- §49-2B-1 Policy and purpose.
- §49-2B-2 Definitions.
- §49-2B-3 Licensure, certification, approval and registration requirements.
- §49-2B-4 Rules.
- §49-2B-5 Penalties; injunctions.
- §49-2B-6 Conditions of licensure, approval and registration.
- §49-2B-7 Waivers and variances to rules.
- §49-2B-8 Application for license or approval.
- §49-2B-9 Supervision and consultation required.
- §49-2B-10 Investigative authority.
- §49-2B-11 Revocation; provisional licensure and approval.
- §49-2B-12 Closing of facilities by the secretary; placement of children.
- §49-2B-13 Administrative and judicial review.
- §49-2B-14 Annual reports; directory; licensing reports and recommendations.
- §49-2B-15 Education of the public.
- §49-2B-16 Implementation of the Integrated Pest Management Program.
- §49-2B-17 Repealed
ARTICLE 2C. INTERSTATE ADOPTION ASSISTANCE COMPACT.
- §49-2C-1 Interstate adoption assistance compact -- Findings and purpose.
- §49-2C-2 Interstate adoption assistance compacts authorized; definitions.
- §49-2C-3 Interstate adoption assistance compact -- Contents of compact.
- §49-2C-4 Same -- Medical assistance.
ARTICLE 2D. HOME-BASED FAMILY PRESERVATION ACT.
- §49-2D-1 Findings and purpose.
- §49-2D-2 Definitions.
- §49-2D-3 Hearing required to determine "reasonable efforts."
- §49-2D-4 When family preservation services required.
- §49-2D-5 Caseload limits for home-based preservation services.
- §49-2D-6 Situational criteria requiring service.
- §49-2D-7 Service delivery through service contracts; accountability.
- §49-2D-8 Provision of special services.
- §49-2D-9 Development of home-based family preservation services.
ARTICLE 2E. QUALITY RATING AND IMPROVEMENT SYSTEM.
- §49-2E-1 Findings and intent; advisory council.
- §49-2E-2 Creation of statewide quality rating system; legislative rule required; minimum provisions.
- §49-2E-3 Creation of statewide quality improvement system; financial plan to support implementation and quality improvement required as part of rules.
- §49-2E-4 Quality rating and improvement system pilot projects; independent third-party evaluation; modification of proposed rule and financial plan; report to Legislature; limitations on implementation.
ARTICLE 3. CHILD WELFARE AGENCIES.
- §49-3-1 Consent by agency or department to adoption of child; statement of relinquishment by parent; petition to terminate parental rights.
- §49-3-2 Approval of incorporation of child care organizations.
ARTICLE 4. CHILDREN WITH SPECIAL HEALTH CARE NEEDS.
- §49-4-1 Purpose.
- §49-4-2 Children to whom article applies.
- §49-4-3 Powers of state bureau.
- §49-4-4 Report of birth of special health care needs child.
- §49-4-5 Assistance by other agencies.
- §49-4-6 Cost of treatment.
- §49-4-7 Cost of treatment.
- §49-4-8 Cooperation with private agencies.
ARTICLE 4A. WEST VIRGINIA FAMILY SUPPORT PROGRAM.
- §49-4A-1 Findings.
- §49-4A-2 Definitions.
- §49-4A-3 Family support services.
- §49-4A-4 Eligibility; primary focus.
- §49-4A-5 Program administration.
- §49-4A-6 Regional and state family support councils.
ARTICLE 5. JUVENILE PROCEEDINGS.
- §49-5-1 Definitions.
- §49-5-1a Repealed
- §49-5-1b Repealed
- §49-5-2 Juvenile jurisdiction of circuit courts, magistrate courts and municipal courts; constitutional guarantees; hearings; evidence and transcripts.
- §49-5-2a Prepetition diversion to informal resolution.
- §49-5-3 Noncustodial counseling of a juvenile.
- §49-5-3a Informal adjustment counseling by probation officer.
- §49-5-4 Wards of the court.
- §49-5-5 Record of findings, etc.
- §49-5-6 Jury trial under article.
- §49-5-7 Institution of proceedings by petition; notice to juvenile and parents; subpoena.
- §49-5-8 Taking a juvenile into custody.
- §49-5-8a Detention hearing; counsel.
- §49-5-9 Preliminary hearing; counsel; improvement period.
- §49-5-10 Waiver and transfer of jurisdiction.
- §49-5-11 Adjudication for alleged status offenders and delinquents; mandatory initial disposition of status offenders.
- §49-5-11a Status offenders: Intervention and services by state department pursuant to initial disposition; enforcement; further disposition; detention; out- of-home placement; state department custody; least restrictive alternative; appeal.
- §49-5-12 Prosecuting attorney to represent petitioner.
- §49-5-13 Disposition of juvenile delinquents; appeal.
- §49-5-13a Examination, diagnosis and classification; period of custody.
- §49-5-13b Authority of the courts to order fines; revocation of vehicle privileges and restitution.
- §49-5-13c Graduated sanctions for juvenile alcohol consumption.
- §49-5-13d Teen court program.
- §49-5-13e Comprehensive plan for juveniles.
- §49-5-13f Animal Cruelty Early Intervention Program.
- §49-5-14 Modification of dispositional orders.
- §49-5-15 Juvenile probation officers; appointment; salary; facilities; expenses; duties; powers.
- §49-5-16 Prohibition on committing juveniles to adult facilities.
- §49-5-16a Rules governing juvenile facilities.
- §49-5-16b Conviction for offense while in custody.
- §49-5-17 Confidentiality of juvenile records.
- §49-5-18 Sealing of juvenile records.
- §49-5-19 Discrimination prohibited.
- §49-5-20 After-care plans.
- §49-5-21 Quarterly judicial review of juvenile proceedings.
ARTICLE 5A. JUVENILE REFEREE SYSTEM.
- §49-5A-1 Juvenile referee; qualifications; compensation; authority;"child," etc., defined.
- §49-5A-2 Investigation and release of child taken into custody; detention hearings.
- §49-5A-3 Orders of juvenile referee or judge following detention hearing; force and effect and finality of such orders.
- §49-5A-4 Review of order following detention hearing.
- §49-5A-5 Detention in other counties.
- §49-5A-6 Assistance of division of juvenile services of the department of military affairs and public safety.
- §49-5A-6a State plan for predispositional detention centers for juveniles.
ARTICLE 5B. WEST VIRGINIA JUVENILE OFFENDER REHABILITATION ACT.
- §49-5B-1 Short title.
- §49-5B-2 Purpose and intent.
- §49-5B-3 Repealed
- §49-5B-4 Responsibilities of the department of health and human resources and division of juvenile services of the department of military affairs and public safety.
- §49-5B-5 Rehabilitative facilities for status offenders.
- §49-5B-5a Creating the Juvenile Services Reimbursement Offender Fund.
- §49-5B-6 Enforcement of legal custody.
- §49-5B-7 Reporting requirements; cataloguing of services.
ARTICLE 5C. COMMITTEES ON JUVENILE LAW.
- §49-5C-1 Creation of committees.
- §49-5C-2 Powers and duties.
- §49-5C-3 Appointment of members.
- §49-5C-4 Time and place of meetings.
- §49-5C-5 Assistance of other agencies.
- §49-5C-6 Expenses; reimbursement.
ARTICLE 5D. MULTIDISCIPLINARY TEAMS.
- §49-5D-1 Purpose; additional cases and teams.
- §49-5D-2 Multidisciplinary investigative teams; establishment; procedures; coordination between agencies.
- §49-5D-3 Multidisciplinary treatment planning process.
- §49-5D-3a Recommendation of team to the court; hearing requirement; required findings.
- §49-5D-4 Report of teams.
- §49-5D-5 Child fatality review team.
- §49-5D-6 Other agencies of government required to cooperate.
- §49-5D-7 Law enforcement; prosecution; interference with performance of duties.
- §49-5D-8 Exemption from multidisciplinary team review for emergency out-of-home placements.
ARTICLE 5E. DIVISION OF JUVENILE SERVICES.
- §49-5E-1 Policy.
- §49-5E-2 Division created; transfer of functions; employment of comprehensive strategy.
- §49-5E-3 Transfer of functions; duties and powers; employment of comprehensive strategy.
- §49-5E-4 Transfer of Kanawha home for children to the division of juvenile services.
- §49-5E-5 Rules for specialized training for juvenile corrections officers and detention center employees.
- §49-5E-5a Juvenile detention and corrections facilities; employees; priority of hiring.
- §49-5E-6 Medical and other treatment of juveniles in custody of the division; coordination of care and claims processing and administration by the department; authorization of certain cooperative agreements.
- §49-5E-7 Provision of educational services for juveniles placed in predispositional detention facilities.
- §49-5E-8 Arrest authority of juvenile correctional and detention officers.
ARTICLE 6. PROCEDURE IN CASES OF CHILD NEGLECT OR ABUSE.
- §49-6-1 Petition to court when child believed neglected or abused; notice.
- §49-6-1a Minimum staffing complement for child protective services.
- §49-6-2 Petition to court when child believed neglected or abused--Right to counsel; improvement period; hearing; priority of proceeding; transcript.
- §49-6-3 Petition to court when child believed neglected or abused -- Temporary custody.
- §49-6-4 Medical and mental examinations.
- §49-6-5 Disposition of neglected or abused children.
- §49-6-5a Permanency hearing when court determines reasonable efforts to preserve families not required.
- §49-6-5b When efforts to terminate parental rights required.
- §49-6-6 Modification of dispositional orders.
- §49-6-7 Consensual termination of parental rights.
- §49-6-8 Foster care review; annual reports to the court.
- §49-6-9 Custody in emergency situations.
- §49-6-10 Duties of prosecuting attorney.
- §49-6-10a Dispute resolution.
- §49-6-11 Conviction for offenses against children.
- §49-6-12 Improvement period in cases of child neglect or abuse.
ARTICLE 6A. REPORTS OF CHILDREN SUSPECTED TO BE ABUSED OR NEGLECTED.
- §49-6A-1 Purpose.
- §49-6A-2 Persons mandated to report suspected abuse and neglect.
- §49-6A-2a Notification of disposition of reports.
- §49-6A-2b Mandatory reporting of suspected animal cruelty by child protective service workers.
- §49-6A-3 Mandatory reporting to medical examiner or coroner; postmortem investigation.
- §49-6A-4 Photographs and X rays.
- §49-6A-5 Reporting procedures.
- §49-6A-6 Immunity from liability.
- §49-6A-7 Abrogation of privileged communications.
- §49-6A-8 Failure to report; penalty.
- §49-6A-9 Establishment of child protective services; general duties and powers; immunity from civil liability; cooperation of other state agencies.
- §49-6A-10 Educational programs.
- §49-6A-11 Statistical reports.
ARTICLE 6B. APPOINTMENT OF SPECIAL GUARDIAN TO SECURE MEDICAL TREATMENT FOR PERSONS UNDER EIGHTEEN YEARS OF AGE.
- §49-6B-1 Petition for appointment of special guardian; requirements.
- §49-6B-2 Notice of petition.
- §49-6B-3 Discharge of special guardian.
- §49-6B-4 Immunity from civil liability.
ARTICLE 6C. CHILDREN'S TRUST FUND.
ARTICLE 6D. WEST VIRGINIA CHILD PROTECTIVE SERVICES ACT.
- §49-6D-1 Short title.
- §49-6D-2 Purpose and intent.
- §49-6D-3 Family case plans for parents of abused or neglected children.
ARTICLE 6E. EMERGENCY POSSESSION OF CERTAIN ABANDONED CHILDREN.
- §49-6E-1 Accepting possession of certain abandoned children.
- §49-6E-2 Notification of possession of abandoned child.
- §49-6E-3 Filing petition after accepting possession of abandoned child.
- §49-6E-4 Affirmative defense for certain prosecutions.
- §49-6E-5 Placement of child for adoption.
ARTICLE 7. GENERAL PROVISIONS.
- §49-7-1 Confidentiality of records.
- §49-7-2 Guardianship of estate of child not affected by chapter.
- §49-7-3 Proceedings under chapter not to be evidence against child, or be published; adjudication not deemed conviction and not bar to civil service eligibility.
- §49-7-4 Placing children in infirmaries.
- §49-7-5 Support of child placed in home or institution or under guardianship.
- §49-7-6 Enforcement of order for support from wages.
- §49-7-7 Contributing to delinquency or neglect of a child.
- §49-7-8 Proof in cases of contributing to delinquency of a child.
- §49-7-9 Court may suspend sentence, etc., following conviction under chapter.
- §49-7-10 Maintenance of delinquent child by convicted person.
- §49-7-11 Care of child upon conviction for contributing to its delinquency.
- §49-7-12 Custody of child by convicted person.
- §49-7-13 Suspension of sentence -- Conditions which may be attached.
- §49-7-14 Same -- Recovery on forfeited bond.
- §49-7-15 Same -- Permissive enforcement of sentence.
- §49-7-16 Same -- Compulsory enforcement of sentence.
- §49-7-17 Same -- Not to exceed two years.
- §49-7-18 Interference with disposition of child punishable as contempt of court.
- §49-7-19 Enticing child from custody.
- §49-7-20 Penalties.
- §49-7-21 Exercise of powers and jurisdiction under chapter by judge in vacation.
- §49-7-22 Procedure for appealing decisions under chapter.
- §49-7-23 Preservation of records.
- §49-7-24 Rules and regulations under chapter.
- §49-7-25 State department to gather statistics.
- §49-7-26 Duty of prosecuting attorney.
- §49-7-27 Emancipation.
- §49-7-28 Proceeding by the state department of welfare.
- §49-7-29 General provisions relating to court orders regarding custody; promulgation of rules.
- §49-7-30 Certificate of need not required.
- §49-7-31 Repealed
- §49-7-32 Juvenile justice database.
- §49-7-33 Payment of services.
- §49-7-34 Commission to study residential placement of children.
ARTICLE 8. INTERSTATE COMPACT ON JUVENILES.
- §49-8-1 Legislative findings and policy.
- §49-8-2 Execution of compact.
- §49-8-2a Execution of additional article.
- §49-8-2b Execution of amendment.
- §49-8-3 Juvenile compact administrator.
- §49-8-4 Supplementary agreements by administrator; use of state institution or facility.
- §49-8-5 Financial obligations of state under article.
- §49-8-6 Responsibilities of courts, state departments, agencies and officers.
- §49-8-7 Additional procedures not precluded.
ARTICLE 8A. THE INTERSTATE COMPACT FOR JUVENILES.
- §49-8A-1 Execution of interstate compact for juveniles.
- §49-8A-2 State council for interstate juvenile supervision.
- §49-8A-3 Appointment of compact administrator.
- §49-8A-4 Notification of the effective date of the interstate compact for juveniles.
ARTICLE 9. MISSING CHILDREN INFORMATION ACT.
- §49-9-1 Short title.
- §49-9-2 Definitions.
- §49-9-3 Clearinghouse function.
- §49-9-4 State department of education; missing children program.
- §49-9-5 Information to clearinghouse.
- §49-9-6 Custodian request for information.
- §49-9-7 Missing child report forms.
- §49-9-8 Law-enforcement requirements; missing child reports; unidentified bodies.
- §49-9-9 Release of dental records; immunity.
- §49-9-10 Cross-checking and matching.
- §49-9-11 Interagency cooperation.
- §49-9-12 Confidentiality of records.
- §49-9-13 Attorney general to require compliance.
- §49-9-14 Agencies that receive report.
- §49-9-15 Clearinghouse Advisory Council; members, appointments and expenses; appointment, duties and compensation of director.
- §49-9-16 Powers and duties of clearinghouse advisory council.
- §49-9-17 Public-private partnerships; funding.
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