West Virginia Code
Article 4. Court Actions
§49-4-109. Guardianship of Estate of Child Unaffected

West Virginia Code

Chapter 49. Child Welfare

Article 4. Court Actions

§49-4-101. Exercise of Powers and Jurisdiction by Judge in Vacation

§49-4-102. Procedure for Appealing Decisions

§49-4-103. Proceedings May Not Be Evidence Against Child, or Be Published; Adjudication Is Not a Conviction and Not a Bar to Civil Service Eligibility

§49-4-104. General Provisions Relating to Court Orders Regarding Custody; Rules

§49-4-105. Hearing Required to Determine &Quot;reasonable efforts."

§49-4-106. Limitation on Out-of-Home Placements

§49-4-107. Penalties

§49-4-108. Payment of Services

§49-4-109. Guardianship of Estate of Child Unaffected

§49-4-110. Foster Care; Quarterly Status Review; Transitioning Adults; Annual Permanency Hearings

§49-4-111. Criteria and Procedure for Temporary Removal of Child From Foster Home; Foster Care Arrangement Termination; Notice of Child's Availability for Placement; Adoption; Sibling Placements; Limitations

§49-4-112. Subsidized Adoption and Legal Guardianship; Conditions

§49-4-113. Duration of Custody or Guardianship of Children Committed to Department

§49-4-114. Consent by Agency or Department to Adoption of Child; Statement of Relinquishment by Parent; Counseling Services; Petition to Terminate Parental Rights; Notice; Hearing; Court Orders

§49-4-115. Emancipation

§49-4-116. Voluntary Placement; Petition; Requirements; Attorney Appointed; Court Hearing; Orders

§49-4-201. Accepting Possession of Certain Relinquished Children

§49-4-202. Notification of Possession of Relinquished Child; Department Responsibilities

§49-4-203. Filing Petition After Accepting Possession of Relinquished Child

§49-4-204. Immunity From Certain Prosecutions

§49-4-205. Adoption Eligibility

§49-4-206. Designation of Local Fire Department as a Safe-Surrender Site; Posting Requirement

§49-4-301. Custody of a Neglected Child by Law Enforcement in Emergency Situations; Protective Custody; Requirements; Notices; Petition for Appointment of Special Guardian; Discharge; Immunity

§49-4-302. Authorizing a Family Court Judge to Order Custody of a Child in Emergency Situations; Requirements; Orders; Investigative Reports; Notification Required

§49-4-303. Emergency Removal by Department Before Filing of Petition; Conditions; Referee; Application for Emergency Custody; Order

§49-4-401. Purpose; System to Be a Complement to Existing Programs

§49-4-402. Multidisciplinary Investigative Teams; Establishment; Membership; Procedures; Coordination Among Agencies; Confidentiality

§49-4-403. Multidisciplinary Treatment Planning Process; Coordination; Access to Information

§49-4-404. Court Review of Service Plan; Hearing; Required Findings; Order; Team Member's Objections

§49-4-405. Multidisciplinary Treatment Planning Process Involving Child Abuse and Neglect; Team Membership; Duties; Reports; Admissions

§49-4-406. Multidisciplinary Treatment Process for Status Offenders or Delinquents; Requirements; Custody; Procedure; Reports; Cooperation; Inadmissibility of Certain Statements

§49-4-407. Team Directors; Records; Case Logs

§49-4-408. Unified Child and Family Case Plans; Treatment Teams; Programs; Agency Requirements

§49-4-409. After-Care Plans; Contents; Written Comments; Contacts; Objections; Courts

§49-4-410. Other Agencies of Government Required to Cooperate

§49-4-411. Law Enforcement; Prosecution; Interference With Performance of Duties

§49-4-412. Exemption From Multidisciplinary Team Review Before Emergency Out-of-Home Placements

§49-4-413. Individualized Case Planning

§49-4-501. Prosecuting Attorney Representation of the Department of Health and Human Resources; Conflict Resolution

§49-4-502. Prosecuting Attorney to Cooperate With Persons Other Than the Department in Child Abuse and Neglect Matters; Duties

§49-4-503. Prosecuting Attorney to Represent Petitioner in Juvenile Cases

§49-4-504. Prosecuting Attorney Duty to Establish Multidisciplinary Investigative Teams

§49-4-601. Petition to Court When Child Believed Neglected or Abused; Venue; Notice; Right to Counsel; Continuing Legal Education; Findings; Proceedings; Procedure

§49-4-601a. Preference of Child Placement

§49-4-601b. Substantiation by the Department of Abuse and Neglect

§49-4-602. Petition to Court When Child Believed Neglected or Abused; Temporary Care, Custody, and Control of Child at Different Stages of Proceeding; Temporary Care; Orders; Emergency Removal; When Reasonable Efforts to Preserve Family Are Unnecessa...

§49-4-603. Medical and Mental Examinations; Limitation of Evidence; Probable Cause; Testimony; Judge or Referee

§49-4-604. Disposition of Neglected or Abused Children; Case Plans; Dispositions; Factors to Be Considered; Reunification; Orders; Alternative Dispositions

§49-4-605. When Department Efforts to Terminate Parental Rights Are Required

§49-4-606. Modification of Dispositional Orders; Hearings; Treatment Team; Unadopted Children

§49-4-607. Consensual Termination of Parental Rights

§49-4-608. Permanency Hearing; Frequency; Transitional Planning; Out-of-State Placements; Findings; Notice; Permanent Placement Review

§49-4-609. Conviction for Offenses Against Children

§49-4-610. Improvement Periods in Cases of Child Neglect or Abuse; Findings; Orders; Extensions; Hearings; Time Limits

§49-4-701. Juvenile Jurisdiction of Circuit Courts, Magistrate Courts and Municipal Courts; Constitutional Guarantees; Requirements; Hearings; Right to Counsel; Opportunity to Be Heard; Evidence and Transcripts

§49-4-702. Prepetition Diversion to Informal Resolution; Mandatory Prepetition Diversion Program for Status Offenses and Misdemeanor Offenses; Prepetition Review Team

§49-4-702a. Noncustodial Counseling or Community Services Provided to a Juvenile; Prepetition Counsel and Advice

§49-4-703. Juvenile Drug Courts; Hearing Officers

§49-4-704. Institution of Proceedings by Petition; Notice to Juvenile and Parents; Preliminary Hearings; Subpoena

§49-4-705. Taking a Juvenile Into Custody; Requirements; Existing Conditions; Detention Centers; Medical Aid

§49-4-706. Detention Hearing; Rights of Juvenile; Notification; Counsel; Hearings

§49-4-707. Review of Order Following Detention Hearing

§49-4-708. Preliminary Hearing; Counsel; Custody; Court Requirements; Preadjudicatory Community Supervision Period

§49-4-709. Right to Jury Trial for Juveniles; Inapplicability

§49-4-710. Waiver and Transfer of Jurisdiction

§49-4-711. Adjudication for Alleged Status Offenders and Delinquents; Mandatory Initial Disposition of Status Offenders

§49-4-712. Intervention and Services by the Department Pursuant to Initial Disposition for Status Offenders or Juvenile Found Incompetent to Stand Trial; Enforcement; Further Disposition; Detention; Out-of-Home Placement; Department Custody; Least Re...

§49-4-713. Graduated Penalties for Juvenile Alcohol Consumption; Fines; Community Service; Revocation of Driver's License

§49-4-714. Disposition of Juvenile Delinquents; Appeal

§49-4-715. Authority of the Courts to Impose Additional Penalties; Public Service Projects; Ineligible to Operate a Motor Vehicle; Restitution

§49-4-716. Teen Court Program; Alternative; Suitability; Unsuccessful Cooperation; Requirements; Fees

§49-4-717. Sexting Educational Diversion Program; Requirements

§49-4-718. Modification of Dispositional Orders; Motions; Hearings

§49-4-719. Juvenile Probation Officers; Appointment; Salary; Facilities; Expenses; Duties; Powers

§49-4-720. Prohibition on Committing Juveniles to Adult Facilities

§49-4-721. Rules Governing Juvenile Facilities; Rights of Juveniles

§49-4-722. Conviction for Offense While in Custody

§49-4-723. Discrimination Prohibited; Penalties; Damages

§49-4-724. Standardized Assessments

§49-4-725. Restorative Justice Programs

§49-4-726. Study of Juvenile Competency Issues; Requiring and Requesting Report and Proposed Legislation; Submission to Legislature

§49-4-727. Juvenile Competency Proceedings

§49-4-729. Motion for Determination of Competency, Time Frames, Order for Evaluation

§49-4-730. Juvenile Competency Qualified Forensic Evaluator; Qualifications

§49-4-731. Juvenile Competency Evaluation

§49-4-732. Hearing to Determine Juvenile S Competency to Participate in the Proceedings

§49-4-733. Procedure After Determination of Juvenile S Competency to Participate in the Proceedings

§49-4-734. Disposition Alternatives for Incompetent Juveniles

§49-4-735. Stay of Transfer to Criminal Jurisdiction

§49-4-801. Support of a Child Removed From Home Pursuant to This Chapter; Order Requirements

§49-4-802. General Provisions for Support Orders; Contempt

§49-4-803. Enforcement of Support Orders

§49-4-903. Interference With Disposition of Child Punishable as Contempt of Court

§49-4-904. Enticing Child From Custody; Penalties