West Virginia Code
Article 4. Court Actions
§49-4-110. Foster Care; Quarterly Status Review; Transitioning Adults; Annual Permanency Hearings

(a) For each child who remains in foster care as a result of a juvenile proceeding or as a result of a child abuse and neglect proceeding, the circuit court with the assistance of the multidisciplinary treatment team shall conduct quarterly status reviews in order to determine the safety of the child, the continuing necessity for and appropriateness of the placement, the extent of compliance with the case plan, and the extent of progress which has been made toward alleviating or mitigating the causes necessitating placement in foster care, and to project a likely date by which the child may be returned to and safety maintained in the home or placed for adoption or legal guardianship. Quarterly status reviews shall commence three months after the entry of the placement order. The permanency hearing provided in subsection (c) of this section may be considered a quarterly status review.
(b) For each transitioning adult as that term is defined in section two hundred two, article one of this chapter who remains in foster care, the circuit court shall conduct status review hearings as described in subsection (a) of this section once every three months until permanency is achieved.
(c) For each child or transitioning adult who continues to remain in foster care, the circuit court shall conduct a permanency hearing no later that twelve months after the date the child or transitioning adult is considered to have entered foster care, and at least once every twelve months thereafter until permanency is achieved. For purposes of permanency planning for transitioning adults, the circuit court shall make factual findings and conclusions of law as to whether the department made reasonable efforts to finalize a permanency plan to prepare a transitioning adult for emancipation or independence or another approved permanency option such as, but not limited to, adoption or legal guardianship pursuant to the West Virginia Guardianship and Conservatorship Act.
(d) Nothing in this section may be construed to abrogate the responsibilities of the circuit court from conducting required hearings as provided in other provisions of this code, procedural court rules, or setting required hearings at the same time.

Structure West Virginia Code

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