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- §49-2-4 Repealed
- §49-2-4a Repealed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- §49-2-7 Repealed
- §49-2-8 Repealed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- §49-2B-17 Repealed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.
Disclaimer: These codes may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.