(a) This section may be referred to as "Erin Merryn's Law".
(b) The Task Force on Prevention of Sexual Abuse of Children is established. The task force consists of the following members:
(1) The Chair of the West Virginia Senate Committee on Health and Human Resources, or his or her designee;
(2) The Chair of the House of Delegates Committee on Health and Human Resources, or his or her designee;
(3) The Chair of the West Virginia Senate Committee on Education, or his or her designee;
(4) The Chair of the House of Delegates Committee on Education, or his or her designee;
(5) One citizen member appointed by the President of the Senate;
(6) One citizen member appointed by the Speaker of the House of Delegates;
(7) One citizen member, who is a survivor of child sexual abuse, appointed by the Governor;
(8) The President of the State Board of Education, or his or her designee;
(9) The State Superintendent of Schools, or his or her designee;
(10) The Secretary of the Department of Health and Human Resources, or his or her designee;
(11) The Director of the Prosecuting Attorney's Institute, or his or her designee;
(12) One representative of each statewide professional teachers' organization, each selected by the leader of his or her respective organization;
(13) One representative of the statewide school service personnel organization, selected by the leader of the organization;
(14) One representative of the statewide school principals' organization, appointed by the leader of the organization;
(15) One representative of the statewide professional social workers' organization, appointed by the leader of the organization;
(16) One representative of a teacher preparation program of a regionally accredited institution of higher education in the state, appointed by the Chancellor of the Higher Education Policy Commission;
(17) The Chief Executive Officer of the Center for Professional Development, or his or her designee;
(18) The Director of Prevent Child Abuse West Virginia, or his or her designee;
(19) The Director of the West Virginia Child Advocacy Network, or his or her designee;
(20) The Director of the West Virginia Coalition Against Domestic Violence, or his or her designee;
(21) The Director of the West Virginia Foundation for Rape Information and Services, or his or her designee;
(22) The Administrative Director of the West Virginia Supreme Court of Appeals, or his or her designee;
(23) The Executive Director of the West Virginia Sheriffs' Association, or his or her designee;
(24) One representative of an organization representing law enforcement, appointed by the Superintendent of the West Virginia State Police; and
(25) One practicing school counselor appointed by the leader of the West Virginia School Counselors Association.
(c) To the extent practicable, members of the task force shall be individuals actively involved in the fields of child abuse and neglect prevention and child welfare.
(d) At the joint call of the House of Delegates and Senate Education Committee Chairs, the task force shall convene its first meeting and by majority vote of members present elect presiding officers. Subsequent meetings shall be at the call of the presiding officer.
(e) The task force shall make recommendations for decreasing incidence of sexual abuse of children in West Virginia. In making those recommendations, the task force shall:
(1) Gather information regarding sexual abuse of children throughout the state;
(2) Receive related reports and testimony from individuals, state and local agencies, community-based organizations, and other public and private organizations;
(3) Create goals for state education policy that would prevent sexual abuse of children;
(4) Create goals for other areas of state policy that would prevent sexual abuse of children; and
(5) Submit a report with its recommendations to the Governor and the Legislature.
(f) The recommendations may include proposals for specific statutory changes and methods to foster cooperation among state agencies and between the state and local governments. The task force shall consult with employees of the Bureau for Children and Family Services, the Division of Justice and Community Services, the West Virginia State Police, the State Board of Education, and any other state agency or department as necessary to accomplish its responsibilities under this section.
(g) Task force members serve without compensation and do not receive expense reimbursement.
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