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 placement6
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Repealed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Repealed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Repealed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Repealed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
§49-2A-1.
Adoption of compact
Interstate
Compact on the Placement of Children
Article
I. Purpose and Policy
Article
II. Definitions.
Article
III. Conditions for Replacement
Article
IV. Penalty for Illegal Placement
Article
V. Retention of Jurisdiction
Article
VI. Institutional Care of Delinquent Children
Article
VII. Compact Administrator
Article
VIII. Limitations
Article
IX. Enactment and Withdrawal
Article
X. Construction
§49-2A-2.
Definitions; implementation
ARTICLE
2B. Duties of Commissioner of Human Services for Child
Welfare
§49-2B-1.
Policy and purpose; transfer of powers of child welfare licensing board
§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, certification approval and registration
§49-2B-7.
Waivers and variances to rules
§49-2B-8.
Application for license, certification or approval.
§49-2B-9.
Supervision and consultation required
§49-2B-10.
Investigative authority
§49-2B-11.
Revocation; provisional licensure, certification and approval
§49-2B-12.
Closing of facilities by the commissioner; placement of children
§49-2B-13.
Administrative and judicial review
§49-2B-14.
Annual reports; directory; licensing reports and recommendations
§49-2B-15.Establishment
of pilot day care programs.
§49-2B-16.
Education of the public
§49-2B-17.
Implementation of the integrated pest management program
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
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
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-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
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-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;
cooperation of other state agencies
§49-6A-10.
Educational programs
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
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 72
§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 to read uniform court orders regarding custody; promulgation
of rules
§49-7-30.
Certificate of need not required
§49-7-31.
Special account
§49-7-32.
Juvenile justice database
§49-7-33
Payment of services.
ARTICLE
8. Interstate Compact on Juveniles
§49-8-1.
Legislative findings and policy
§49-8-2.
Execution of compact
Interstate
Compact on Juveniles
Article
I. Findings and Purposes
Article
II. Existing Rights and Remedies
Article
III. Definitions
Article
IV. Return of Runaways
Article
V. Return of Escapees and Absconders
Article
VI. Voluntary Return Procedure
Article
VII. Cooperative Supervision of Probationers and Parolees
Article
VIII. Responsibility for Costs
Article
IX. Detention Practices
Article
X. Supplementary Agreements
Article
XI. Acceptance of Federal and Other Aid
Article
XII. Compact Administrators
Article
XIII. Execution of Compact
Article
XIV. Renunciation
Article
XV. Severability
§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