2021 West Virginia Code
Chapter 49. Child Welfare
Article 4. Court Actions
§49-4-601b. Substantiation by the Department of Abuse and Neglect
(a) Notwithstanding any provision of this code to the contrary, when the department substantiates an allegation of abuse or neglect against a person, but there is no judicial finding of abuse or neglect as a result of the allegation, the department shall provide written notice of the substantiation to the person by certified mail, return receipt requested.
(b) The individual against whom an abuse or neglect allegation has been substantiated, as described in subsection (a) of this section, has the right to contest the substantiation by filing a grievance with the board of review of the department and has the right to appeal the decision of the board of review to the court, in accordance with the provisions of 29A-5-1 et seq. of this code regarding administrative appeals.
(c) The secretary of the department shall promulgate legislative rules in accordance with 29A-3-1 et seq. of this code, within the applicable time limit to be considered by the Legislature during its regular session in the year 2021, which rules shall include, at a minimum:
(1) Provisions for ensuring that an individual against whom the department has substantiated an allegation of abuse and neglect, but against whom there is no judicial finding of abuse or neglect, receives written notice of the substantiation in a timely manner. The written notice must, at a minimum, state the following:
(A) The name of the child the person is alleged to have abused or neglected, the place or places where the abuse or neglect allegedly occurred, and the date or dates on which the abuse or neglect is alleged to have occurred;
(B) That the person has a right to file a grievance protesting the substantiation of abuse and neglect with the board of review of the department and clear instructions regarding how to file a grievance with the board of review, including a description of any applicable time limits;
(C) That the person has a right to appeal an adverse decision of the board of review of the department to the courts and notice of any applicable time limits; and
(D) A description of any public or nonpublic registry on which the persons name will be included as a result of a substantiated allegation of abuse and neglect and a statement that the inclusion of the persons name on the registry may prevent the person from holding jobs from which child abusers are disqualified, or from providing foster or kinship care to a child in the future;
(2) Provisions for ensuring that a person against whom an allegation of abuse and neglect has been substantiated, but against whom there is no judicial finding of abuse or neglect, may file a grievance with the department and provisions guaranteeing that any such person will have a full and fair opportunity to be heard; and
(3) Provisions requiring the department to remove a persons name from an abuse and neglect registry maintained by the department if a substantiation is successfully challenged in the board of review or in a court.
