(a) Any person in a position of trust in relation to a disabled child who is subject to the mandatory reporting requirements in 49-2-803 of this code who fails to make a required report regarding a disabled child is guilty of a misdemeanor, and upon conviction shall be confined in jail for not more than one year.
(b) Any person who willfully impedes or obstructs or attempts to impede or obstruct a person in a position of trust in regard to a disabled child from making a report required by 49-2-803 of this code regarding a disabled child is guilty of a felony, and upon conviction thereof be fined not more than $5,000 or imprisoned in a state correctional facility for not less than one nor more than three years, or both fined and imprisoned.
(c) Any person who discriminates or retaliates against a person in a position of trust in relation to a disabled child for making a report pursuant to 49-2-803 of this code regarding a disabled child is guilty of a felony and, upon conviction, shall be fined not more than $5,000 or imprisoned in a state correctional facility for not less than one year nor more than three years or both fined and imprisoned or both fined and imprisoned.
Structure West Virginia Code
Chapter 61. Crimes and Their Punishment
Article 8F. Special Protections for Disabled Children Act of 2022
§61-8F-3. Maltreatment of a Disabled Child; Penalties
§61-8F-4. Battery and Assault of a Disabled Child
§61-8F-5. Failure to Report; Obstruction; Retaliation; Penalties
§61-8F-6. Specific Directives to Enhance the Safety of Disabled Children