2022 West Virginia Code
Chapter 61. Crimes and Their Punishment
Article 8F. Special Protections for Disabled Children Act of 2022
§61-8F-5. Failure to Report; Obstruction; Retaliation; Penalties
(a) Any person in a position of trust in relation to a disabled child who is subject to the mandatory reporting requirements in 49-2-803 of this code who fails to make a required report regarding a disabled child is guilty of a misdemeanor, and upon conviction shall be confined in jail for not more than one year.
(b) Any person who willfully impedes or obstructs or attempts to impede or obstruct a person in a position of trust in regard to a disabled child from making a report required by 49-2-803 of this code regarding a disabled child is guilty of a felony, and upon conviction thereof be fined not more than $5,000 or imprisoned in a state correctional facility for not less than one nor more than three years, or both fined and imprisoned.
(c) Any person who discriminates or retaliates against a person in a position of trust in relation to a disabled child for making a report pursuant to 49-2-803 of this code regarding a disabled child is guilty of a felony and, upon conviction, shall be fined not more than $5,000 or imprisoned in a state correctional facility for not less than one year nor more than three years or both fined and imprisoned or both fined and imprisoned.
