(a) The Department of Health and Human Resources shall establish and maintain one or more rehabilitative facilities to be used exclusively for the lawful custody of status offenders. Each facility will be a nonsecure facility having as its purpose the rehabilitation of status offenders. The facility will have a bed capacity for not more than twenty juveniles and shall minimize the institutional atmosphere and prepare the juvenile for reintegration into the community.
(b) Rehabilitative programs and services shall be provided by or through each facility and may include, but not be limited to, medical, educational, vocational, social and psychological guidance, training, counseling, substance abuse treatment and other rehabilitative services. The Department of Health and Human Resources shall provide to each status offender committed to the facility a program of treatment and services consistent with the individualized program of rehabilitation developed for the juvenile. In the case of any other juvenile residing at the facility, the department shall provide those programs and services as may be proper in the circumstances including, but not limited to, any programs or services directed to be provided by the court.
(c) The board of education of the county in which the facility is located shall provide instruction for juveniles residing at the facility. Residents who can be permitted to do so shall attend local schools and instruction shall otherwise take place at the facility.
(d) Facilities established pursuant to this section shall be structured as community-based facilities.
(e) The Department of Health and Human Resources may enter into cooperative arrangements and agreements with private agencies or with agencies of the state and its political subdivisions to fulfill its duties under this section: Provided, That after January 1, 2016, the department shall not enter into an agreement with the Division of Juvenile Services to house juvenile status offenders.
Structure West Virginia Code
Article 2. State Responsibilities for Children
§49-2-101. Authorization and Responsibility
§49-2-102. Minimum Staffing Complement for Child Protective Services
§49-2-103. Proceedings by the State Department
§49-2-104. Education of the Public
§49-2-105. Administrative and Judicial Review
§49-2-106. Department Responsibility for Foster Care Homes
§49-2-107. Foster-Home Care; Minimum Standards; Certificate of Operation; Inspection
§49-2-108. Visits and Inspections; Records
§49-2-109. Placing Children From Other States in Private Homes of State
§49-2-110. Development of Standards of Child Care
§49-2-111. Supervision of Child Welfare Agencies by the Department; Records and Reports
§49-2-111a. Performance Based Contracting for Child Placing Agencies
§49-2-111b. Study of Kinship Foster Care Families
§49-2-111c. Priorities for Use of Funds
§49-2-114. Application for License or Approval
§49-2-115. Conditions of Licensure, Approval and Registration
§49-2-115a. Head Start Program Licenses
§49-2-116. Investigative Authority; Evaluation; Complaint
§49-2-117. Revocation; Provisional Licensure and Approval
§49-2-118. Closing of Facilities by the Secretary; Placement of Children
§49-2-119. Supervision; Consultation; State Fire Marshall to Cooperate
§49-2-120. Penalties; Injunctions; Venue
§49-2-122. Waivers and Variances to Rules
§49-2-123. Annual Reports; Directory; Licensing Reports and Recommendations
§49-2-124. Certificate of Need Not Required; Conditions; Review
§49-2-126. The Foster Child Bill of Rights
§49-2-127. The Foster and Kinship Parent Bill of Rights
§49-2-127a. Foster and Kinship Parent Duties; Foster Parent and Kinship Parent Agreements
§49-2-128. Reasonable and Prudent Foster Parent Standard
§49-2-201. Findings and Purpose
§49-2-202. When Family Preservation Services Required
§49-2-203. Caseload Limits for Home-Based Preservation Services
§49-2-204. Situational Criteria Requiring Service
§49-2-205. Service Delivery Through Service Contracts; Accountability
§49-2-206. Special Services to Be Provided
§49-2-207. Development of Home-Based Family Preservation Services
§49-2-301. Findings and Intent; Advisory Council
§49-2-302. Creation of Statewide Quality Rating System; Rule-Making; Minimum Requirements
§49-2-401. Continuation, Transfer and Renaming of Trust Fund; Funding
§49-2-501. Children to Whom Article Applies; Intent
§49-2-502. Powers of the Secretary
§49-2-503. Report of Birth of Special Health Care Needs Child
§49-2-504. Assistance by Other Agencies
§49-2-603. Eligibility; Primary Focus
§49-2-701. Caregiver Consent for Minor's Health Care; Treatment
§49-2-702. Duty of Health Care Facility or Practitioner
§49-2-703. Affidavit of Caregiver Consent; Requirements
§49-2-704. Revocation and Termination of Consent; Written Notice; Validity
§49-2-705. Good Faith Reliance on Affidavit; Applicability
§49-2-706. Exceptions to Applicability
§49-2-707. Penalty for False Statement
§49-2-708. Rule-Making Authority
§49-2-803. Persons Mandated to Report Suspected Abuse and Neglect; Requirements
§49-2-804. Notification of Disposition of Reports
§49-2-805. Educational Programs; Requirements
§49-2-806. Mandatory Reporting of Suspected Animal Cruelty by Child Protective Service Workers
§49-2-807. Mandatory Reporting to Medical Examiner or Coroner; Postmortem Investigation
§49-2-808. Photographs and X Rays
§49-2-809. Reporting Procedures
§49-2-810. Immunity From Liability
§49-2-811. Abrogation of Privileged Communications; Exception
§49-2-812. Failure to Report; Penalty
§49-2-813. Statistical Index; Reports
§49-2-814. Task Force on Prevention of Sexual Abuse of Children
§49-2-901. Policy; Cooperation
§49-2-902. Division of Juvenile Services; Transfer of Functions; Juvenile Placement
§49-2-903. Powers and Duties; Comprehensive Strategy; Cooperation
§49-2-905. Juvenile Detention and Corrections Facility Personnel
§49-2-907. Examination, Diagnosis Classification and Treatment; Period of Custody
§49-2-909. Arrest Authority of Juvenile Correctional and Detention Officers
§49-2-911. Juvenile Benefit Funds; Uses; Reports
§49-2-912. Youth Reporting Centers
§49-2-913. Juvenile Justice Reform Oversight Committee
§49-2-1003. Rehabilitative Facilities for Status Offenders; Requirements; Educational Instruction
§49-2-1004. The Juvenile Services Reimbursement Offender Fund; Use; Expenditures