West Virginia Code
Article 2. State Responsibilities for Children
§49-2-601. Findings; Intent

§49-2-601. Findings; intent.
(a) The West Virginia Legislature finds that families are the greatest resource available to individuals with developmental disabilities, and they must be supported in their role as primary caregivers. It further finds that supporting families in their effort to care for their family members at home is more efficient, cost effective and humane than placing the developmentally disabled person in an institutional setting.
(b) The Legislature accepts the following as basic principles for providing services to support families of people with developmental disabilities:
(1) The quality of life of children with developmental disabilities, their families and communities is enhanced by caring for the children within their own homes. Children with disabilities benefit by growing up in their own families, families benefit by staying together and communities benefit from the inclusion of people with diverse abilities.
(2) Adults with developmental disabilities should be afforded the opportunity to make decisions for themselves, live in typical homes and communities and exercise their full rights as citizens. Developmentally disabled adults should have the option of living separately from their families but when this is not the case, families of disabled adults should be provided the support services they need.
(3) Services and support for families should be individualized and flexible, should focus on the entire family and should promote the inclusion of people with developmental disabilities in all aspects of school and community life.
(4) Families are the best experts about what they need. The service system can best assist families by supporting families as decision makers as opposed to making decisions for them.
(c) The Legislature finds that there are at least ten thousand West Virginians with developmental disabilities who live with and are supported by their families, and that the state's policy is to prevent the institutionalization of people with developmental disabilities.
(d) To maximize the number of families supported by this program, each family will contribute to the cost of goods and services based on their ability to pay, taking into account their needs and resources.
(e) Therefore, it is the intent of the Legislature to initiate, within the resources available, a program of services to support families who are caring for family members with developmental disabilities in their homes.

Structure West Virginia Code

West Virginia Code

Chapter 49. Child Welfare

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

§49-2-112. Family Homes; Approval of Incorporation by Secretary of State; Approval of Articles of Incorporation

§49-2-113. Residential Child-Care Centers; Licensure, Certification, Approval, and Registration; Requirements

§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

§49-2-121. Rule-Making

§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

§49-2-125. Commission to Study Residential Placement of Children; Findings; Requirements; Reports; Recommendations

§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

§49-2-129. Transitional Living Services, Scattered-Site Living Arrangements, and Supervised Group Settings; Eligibility Criteria

§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

§49-2-303. Statewide Quality Improvement System; Financial Plan; Staffing Requirements; Public Awareness Campaign; Management Information System; Financial Assistance for Child Care Programs; Program Staff; Child Care Consumers

§49-2-304. Quality Rating and Improvement System Pilot Projects; Independent Third-Party Evaluation; Modification of Proposed Rule and Financial Plan; Report to Legislature; Limitations on Implementation

§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

§49-2-505. Cost of Treatment

§49-2-601. Findings; Intent

§49-2-602. Family Support Services; Responsibilities; Funds; Case Management; Outreach; Differential Fees

§49-2-603. Eligibility; Primary Focus

§49-2-604. Program Administration; Implementation; Procedures; Annual Evaluation; Coordination; Plans; Grievances; Reports

§49-2-605. Regional and State Family Support Councils; Membership; Meetings; Reimbursement of Expenses

§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

§49-2-801. Purpose

§49-2-802. Establishment of Child Protective Services; General Duties and Powers; Administrative Procedure; Immunity From Civil Liability; Cooperation of Other State Agencies

§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

§49-2-904. Rules for Specialized Training for Juvenile Corrections Officers and Detention Center Employees

§49-2-905. Juvenile Detention and Corrections Facility Personnel

§49-2-906. Medical and Other Treatment of Juveniles in Custody of the Division; Consent; Service Providers; Medical Care; Pregnant Inmates; Claims Processing and Administration by the Department; Authorization of Cooperative Agreements

§49-2-907. Examination, Diagnosis Classification and Treatment; Period of Custody

§49-2-908. Educational Services for Juveniles Placed in Predispositional and Postdispositional Facilities; Authorization; Cooperation; Rule-Making

§49-2-909. Arrest Authority of Juvenile Correctional and Detention Officers

§49-2-910. Juvenile Trustee Accounts and Funds, Earnings and Personal Property of Juveniles; Return of Property; Reports;

§49-2-911. Juvenile Benefit Funds; Uses; Reports

§49-2-912. Youth Reporting Centers

§49-2-913. Juvenile Justice Reform Oversight Committee

§49-2-1001. Purpose; Intent

§49-2-1002. Responsibilities of the Department of Health and Human Resources and Division of Juvenile Services of the Department of Military Affairs and Public Safety; Programs and Services; Rehabilitation; Cooperative Agreements

§49-2-1003. Rehabilitative Facilities for Status Offenders; Requirements; Educational Instruction

§49-2-1004. The Juvenile Services Reimbursement Offender Fund; Use; Expenditures

§49-2-1005. Legal Custody; Law-Enforcement Agencies

§49-2-1006. Reporting Requirements; Cataloguing of Services