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Article 1. General Provisions and Definitions
§49-1-101. Short Title; Intent of Recodification - §49-1-101. Short title; intent of recodification. (a) This chapter shall...
§49-1-102. Legislative Intent; Continuation of Existing Statutory Provisions; No Increase in Funding Obligations - In recodifying the child welfare law of this state during...
§49-1-103. Operative Date of Enactment; Effect on Existing Law - The amendment and reenactment of chapter forty-nine of this code,...
§49-1-104. West Virginia Code Replacement; No Increase of Funding Obligations to Be Construed - (a) The Department of Health and Human Resources and the...
§49-1-105. Purpose - (a) It is the purpose of this chapter to provide...
§49-1-106. Location of Child Welfare Services; State and Federal Cooperation; Juvenile Services - (a) The child welfare service of the state shall be...
§49-1-201. Definitions Related, but Not Limited, to Child Abuse and Neglect - When used in this chapter, terms defined in this section...
§49-1-202. Definitions Related, but Not Limited, to Adult, Child, Developmental Disability, and Transitioning Adult Status - When used in this chapter, terms defined in this section...
§49-1-203. Definitions Related, but Not Limited To, Licensing and Approval of Programs - When used in this chapter, terms defined in this section...
§49-1-204. Definitions Related, but Not Limited, to Custodians, Legal Guardians and Family - When used in this chapter, terms defined in this section...
§49-1-205. Definitions Related, but Not Limited, to Developmental Disabilities - When used in this chapter, terms defined in this section...
§49-1-206. Definitions Related, but Not Limited To, Child Advocacy, Care, Residential, and Treatment Programs - When used in this chapter, the following terms have the...
§49-1-207. Definitions Related to Court Actions - When used in this chapter, terms defined in this section...
§49-1-208. Definitions Related, but Not Limited, to State and Local Agencies - When used in this chapter, terms defined in this section...
§49-1-209. Definitions Related, but Not Limited, to Missing Children - As used in article six of this chapter: “Child” means...
Article 2. State Responsibilities for Children
§49-2-101. Authorization and Responsibility - THE DEPARTMENT OF HEALTH AND HUMAN RESOURCES. §49-2-101. Authorization and...
§49-2-102. Minimum Staffing Complement for Child Protective Services - [Repealed.]
§49-2-103. Proceedings by the State Department - The state department shall have the authority to institute, in...
§49-2-104. Education of the Public - [Repealed.]
§49-2-105. Administrative and Judicial Review - Any person, corporation, governmental official or child welfare agency, aggrieved...
§49-2-106. Department Responsibility for Foster Care Homes - It is the responsibility of the Department of Health and...
§49-2-107. Foster-Home Care; Minimum Standards; Certificate of Operation; Inspection - (a) The department shall establish minimum standards for foster-home care...
§49-2-108. Visits and Inspections; Records - The department or its authorized agent shall visit and inspect...
§49-2-109. Placing Children From Other States in Private Homes of State - An institution or organization incorporated under the laws of another...
§49-2-110. Development of Standards of Child Care - The department shall develop standards for the care of children....
§49-2-111. Supervision of Child Welfare Agencies by the Department; Records and Reports - (a) In order to improve standards of child care, the...
§49-2-111a. Performance Based Contracting for Child Placing Agencies - (a) For purposes of this section: (1) “Child” means: (A)...
§49-2-111b. Study of Kinship Foster Care Families - (a) The department shall conduct a study and make recommendations...
§49-2-111c. Priorities for Use of Funds - (a) Subject to appropriations by the Legislature, the department is...
§49-2-112. Family Homes; Approval of Incorporation by Secretary of State; Approval of Articles of Incorporation - Before issuing a charter for the incorporation of any organization...
§49-2-113. Residential Child-Care Centers; Licensure, Certification, Approval, and Registration; Requirements - (a) Any person, corporation, or child welfare agency, other than...
§49-2-114. Application for License or Approval - (a) Any person or corporation or any governmental agency intending...
§49-2-115. Conditions of Licensure, Approval and Registration - (a) A license or approval is effective for a period...
§49-2-115a. Head Start Program Licenses - (a) A Head Start program in good standing with the...
§49-2-116. Investigative Authority; Evaluation; Complaint - (a) The secretary shall enforce this article. (b) An on-site...
§49-2-117. Revocation; Provisional Licensure and Approval - (a) The secretary may revoke or make provisional the licensure...
§49-2-118. Closing of Facilities by the Secretary; Placement of Children - When the secretary finds that the operation of a residential...
§49-2-119. Supervision; Consultation; State Fire Marshall to Cooperate - (a) The secretary shall provide supervision to ascertain compliance with...
§49-2-120. Penalties; Injunctions; Venue - (a) Any individual or corporation which operates a child welfare...
§49-2-121. Rule-Making - (a) The secretary shall promulgate legislative rules in accordance with...
§49-2-122. Waivers and Variances to Rules - Waivers or variances of rules may be granted by the...
§49-2-123. Annual Reports; Directory; Licensing Reports and Recommendations - (a) The secretary shall submit on or before January 1,...
§49-2-124. Certificate of Need Not Required; Conditions; Review - A certificate of need, as provided in 16-2D-1 et seq....
§49-2-125. Commission to Study Residential Placement of Children; Findings; Requirements; Reports; Recommendations - (a) The Legislature finds that the state’s current system of...
§49-2-126. The Foster Child Bill of Rights - (a) Foster children and children in a kinship placement are...
§49-2-127. The Foster and Kinship Parent Bill of Rights - (a) Foster parents and kinship parents play an integral, indispensable,...
§49-2-127a. Foster and Kinship Parent Duties; Foster Parent and Kinship Parent Agreements - (a) The West Virginia Legislature finds that foster and kinship...
§49-2-128. Reasonable and Prudent Foster Parent Standard - (a) As used in this section, the following terms have...
§49-2-129. Transitional Living Services, Scattered-Site Living Arrangements, and Supervised Group Settings; Eligibility Criteria - (a) The department shall establish minimum standards, by legislative rule,...
§49-2-201. Findings and Purpose - §49-2-201. Findings and purpose. The Legislature finds that there exists...
§49-2-202. When Family Preservation Services Required - Home-based family preservation services are required in all cases where...
§49-2-203. Caseload Limits for Home-Based Preservation Services - For purposes of this article, no contractor employee of the...
§49-2-204. Situational Criteria Requiring Service - The services required by this article shall be made available...
§49-2-205. Service Delivery Through Service Contracts; Accountability - The services required by this article which are not practically...
§49-2-206. Special Services to Be Provided - The costs of providing special services to families receiving regular...
§49-2-207. Development of Home-Based Family Preservation Services - The department is authorized to use appropriate state, federal, and/or...
§49-2-301. Findings and Intent; Advisory Council - §49-2-301. Findings and intent; advisory council. (a) The Legislature finds...
§49-2-302. Creation of Statewide Quality Rating System; Rule-Making; Minimum Requirements - (a) The Secretary of the Department of Health and Human...
§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 - Attached to the proposed rules required in section three hundred...
§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 - The secretary shall report annually to the Legislature on the...
§49-2-401. Continuation, Transfer and Renaming of Trust Fund; Funding - §49-2-401. Continuation, transfer and renaming of trust fund; funding. (a)...
§49-2-501. Children to Whom Article Applies; Intent - §49-2-501. Children to whom article applies; intent. It is the...
§49-2-502. Powers of the Secretary - In the care and treatment of children with special health...
§49-2-503. Report of Birth of Special Health Care Needs Child - Within thirty days after the birth of a child with...
§49-2-504. Assistance by Other Agencies - So far as practicable, the services and facilities of the...
§49-2-505. Cost of Treatment - All payments from any corporation, association, program or fund providing...
§49-2-601. Findings; Intent - §49-2-601. Findings; intent. (a) The West Virginia Legislature finds that...
§49-2-602. Family Support Services; Responsibilities; Funds; Case Management; Outreach; Differential Fees - (a) The regional family support agency, designated under article two...
§49-2-603. Eligibility; Primary Focus - (a) To be eligible for the family support program, a...
§49-2-604. Program Administration; Implementation; Procedures; Annual Evaluation; Coordination; Plans; Grievances; Reports - (a) The administering agency for the family support program is...
§49-2-605. Regional and State Family Support Councils; Membership; Meetings; Reimbursement of Expenses - (a) Each regional family support agency shall establish a regional...
§49-2-701. Caregiver Consent for Minor's Health Care; Treatment - §49-2-701. Caregiver consent for minor's health care; treatment. (a) Except...
§49-2-702. Duty of Health Care Facility or Practitioner - The decision of a caregiver who possesses and presents a...
§49-2-703. Affidavit of Caregiver Consent; Requirements - An affidavit of caregiver consent for a minor's health care...
§49-2-704. Revocation and Termination of Consent; Written Notice; Validity - (a) The affidavit of caregiver consent for a minor's health...
§49-2-705. Good Faith Reliance on Affidavit; Applicability - (a) Any person who relies in good faith on the...
§49-2-706. Exceptions to Applicability - The consent authorized by this section is not applicable for...
§49-2-707. Penalty for False Statement - A person who knowingly makes a false statement in an...
§49-2-708. Rule-Making Authority - (a) The Secretary of the Department of Health and Human...
§49-2-801. Purpose - §49-2-801. Purpose. It is the purpose of this article through...
§49-2-802. Establishment of Child Protective Services; General Duties and Powers; Administrative Procedure; Immunity From Civil Liability; Cooperation of Other State Agencies - (a) The department shall establish or designate in every county...
§49-2-803. Persons Mandated to Report Suspected Abuse and Neglect; Requirements - (a) Any medical, dental, or mental health professional, Christian Science...
§49-2-804. Notification of Disposition of Reports - The Department of Health and Human Resources shall continue to...
§49-2-805. Educational Programs; Requirements - Subject to appropriation in the budget, the department shall conduct...
§49-2-806. Mandatory Reporting of Suspected Animal Cruelty by Child Protective Service Workers - In the event a child protective service worker, in response...
§49-2-807. Mandatory Reporting to Medical Examiner or Coroner; Postmortem Investigation - Any person or official who is required pursuant to section...
§49-2-808. Photographs and X Rays - Any person required to report cases of children suspected of...
§49-2-809. Reporting Procedures - (a) Reports of child abuse and neglect pursuant to this...
§49-2-810. Immunity From Liability - Any person, official, or institution participating in good faith in...
§49-2-811. Abrogation of Privileged Communications; Exception - The privileged quality of communications between husband and wife and...
§49-2-812. Failure to Report; Penalty - (a) Any person, official or institution required by this article...
§49-2-813. Statistical Index; Reports - The Department of Health and Human Resources shall maintain a...
§49-2-814. Task Force on Prevention of Sexual Abuse of Children - (a) This section may be referred to as "Erin Merryn's...
§49-2-901. Policy; Cooperation - of the Division of Juvenile Services §49-2-901. Policy; cooperation. (a)...
§49-2-902. Division of Juvenile Services; Transfer of Functions; Juvenile Placement - (a) The Division of Juvenile Services is created within the...
§49-2-903. Powers and Duties; Comprehensive Strategy; Cooperation - The Division of Juvenile Services has the following duties as...
§49-2-904. Rules for Specialized Training for Juvenile Corrections Officers and Detention Center Employees - The Division of Juvenile Services shall propose rules for Legislative...
§49-2-905. Juvenile Detention and Corrections Facility Personnel - (a) All persons employed at a juvenile detention or corrections...
§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 - (a) Notwithstanding any other provision of law to the contrary,...
§49-2-907. Examination, Diagnosis Classification and Treatment; Period of Custody - (a) As a part of the disposition for a juvenile...
§49-2-908. Educational Services for Juveniles Placed in Predispositional and Postdispositional Facilities; Authorization; Cooperation; Rule-Making - (a) The State Board of Education is authorized to provide...
§49-2-909. Arrest Authority of Juvenile Correctional and Detention Officers - (a) Persons employed by the Division of Juvenile Services as...
§49-2-910. Juvenile Trustee Accounts and Funds, Earnings and Personal Property of Juveniles; Return of Property; Reports; - (a) The Director of Juvenile Services may establish at each...
§49-2-911. Juvenile Benefit Funds; Uses; Reports - (a) There is hereby established a special revenue account in...
§49-2-912. Youth Reporting Centers - (a) The Division of Juvenile Services shall operate community-based youth...
§49-2-913. Juvenile Justice Reform Oversight Committee - (a) The Juvenile Justice Reform Oversight Committee is hereby created...
§49-2-1001. Purpose; Intent - Juvenile Offender Rehabilitation Act §49-2-1001. Purpose; intent. It is the...
§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 - (a) The Department of Health and Human Resources and the...
§49-2-1003. Rehabilitative Facilities for Status Offenders; Requirements; Educational Instruction - (a) The Department of Health and Human Resources shall establish...
§49-2-1004. The Juvenile Services Reimbursement Offender Fund; Use; Expenditures - There is created within the State Treasury a special revenue...
§49-2-1005. Legal Custody; Law-Enforcement Agencies - The Department of Health and Human Resources may require any...
§49-2-1006. Reporting Requirements; Cataloguing of Services - (a) The Department of Health and Human Resources and the...
Article 3. Specialized Advocacy Programs
§49-3-101. Child Advocacy Centers; Services; Requirements - Child advocacy centers provide the following services to children in...
§49-3-102. Court Appointed Special Advocate; Operations - A court appointed special advocate (CASA) shall operate as follows:...
Article 4. Court Actions
§49-4-101. Exercise of Powers and Jurisdiction by Judge in Vacation - §49-4-101. Exercise of powers and jurisdiction by judge in vacation....
§49-4-102. Procedure for Appealing Decisions - Cases under this chapter, if tried in any inferior court,...
§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 - Any evidence given in any cause or proceeding under this...
§49-4-104. General Provisions Relating to Court Orders Regarding Custody; Rules - (a) The Supreme Court of Appeals, in consultation with the...
§49-4-105. Hearing Required to Determine &Quot;reasonable efforts." - A hearing by a circuit court of competent jurisdiction is...
§49-4-106. Limitation on Out-of-Home Placements - Before any child may be directed for placement in a...
§49-4-107. Penalties - A person who violates an order, rule, or regulation made...
§49-4-108. Payment of Services - (a) At any time during any proceedings brought pursuant to...
§49-4-109. Guardianship of Estate of Child Unaffected - This chapter may not be construed to give the guardian...
§49-4-110. Foster Care; Quarterly Status Review; Transitioning Adults; Annual Permanency Hearings - (a) For each child who remains in foster care as...
§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 - (a) The department may temporarily remove a child from a...
§49-4-112. Subsidized Adoption and Legal Guardianship; Conditions - (a) From funds appropriated to the Department of Health and...
§49-4-113. Duration of Custody or Guardianship of Children Committed to Department - (a) A child committed to the department for guardianship, after...
§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 - (a)(1) Whenever a child welfare agency licensed to place children...
§49-4-115. Emancipation - (a) A child over the age of sixteen may petition...
§49-4-116. Voluntary Placement; Petition; Requirements; Attorney Appointed; Court Hearing; Orders - (a) Within ninety days of the date of the signatures...
§49-4-201. Accepting Possession of Certain Relinquished Children - (a) A hospital or health care facility operating in this...
§49-4-202. Notification of Possession of Relinquished Child; Department Responsibilities - (a) (1) Not later than the close of the first...
§49-4-203. Filing Petition After Accepting Possession of Relinquished Child - A child of whom the Department of Health and Human...
§49-4-204. Immunity From Certain Prosecutions - A parent who relinquishes his or her child in good...
§49-4-205. Adoption Eligibility - The child is eligible for adoption as an abandoned child...
§49-4-206. Designation of Local Fire Department as a Safe-Surrender Site; Posting Requirement - The governing entity of a local fire department that is...
§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 - §49-4-301. Custody of a neglected child by law enforcement in...
§49-4-302. Authorizing a Family Court Judge to Order Custody of a Child in Emergency Situations; Requirements; Orders; Investigative Reports; Notification Required - (a) Notwithstanding the jurisdictional limitations contained in section two, article...
§49-4-303. Emergency Removal by Department Before Filing of Petition; Conditions; Referee; Application for Emergency Custody; Order - Prior to the filing of a petition, a child protective...
§49-4-401. Purpose; System to Be a Complement to Existing Programs - Transition Plans and Aftercare Plans. §49-4-401. Purpose; system to be...
§49-4-402. Multidisciplinary Investigative Teams; Establishment; Membership; Procedures; Coordination Among Agencies; Confidentiality - (a) The prosecuting attorney of each county shall establish a...
§49-4-403. Multidisciplinary Treatment Planning Process; Coordination; Access to Information - (a)(1) A multidisciplinary treatment planning process for cases initiated pursuant...
§49-4-404. Court Review of Service Plan; Hearing; Required Findings; Order; Team Member's Objections - (a) In any case in which a multidisciplinary treatment team...
§49-4-405. Multidisciplinary Treatment Planning Process Involving Child Abuse and Neglect; Team Membership; Duties; Reports; Admissions - (a) Within thirty days of the initiation of a judicial...
§49-4-406. Multidisciplinary Treatment Process for Status Offenders or Delinquents; Requirements; Custody; Procedure; Reports; Cooperation; Inadmissibility of Certain Statements - (a) When a juvenile is adjudicated as a status offender...
§49-4-407. Team Directors; Records; Case Logs - All persons directing any team created pursuant to this article...
§49-4-408. Unified Child and Family Case Plans; Treatment Teams; Programs; Agency Requirements - (a) The Department of Health and Human Resources shall develop...
§49-4-409. After-Care Plans; Contents; Written Comments; Contacts; Objections; Courts - (a) Prior to the discharge of a child from any...
§49-4-410. Other Agencies of Government Required to Cooperate - State, county and local agencies shall provide the multidisciplinary teams...
§49-4-411. Law Enforcement; Prosecution; Interference With Performance of Duties - No multidisciplinary team may take any action which, in the...
§49-4-412. Exemption From Multidisciplinary Team Review Before Emergency Out-of-Home Placements - Notwithstanding any provision of this article to the contrary, a...
§49-4-413. Individualized Case Planning - (a) For any juvenile ordered to probation supervision pursuant to...
§49-4-501. Prosecuting Attorney Representation of the Department of Health and Human Resources; Conflict Resolution - §49-4-501. Prosecuting attorney representation of the Department of Health and...
§49-4-502. Prosecuting Attorney to Cooperate With Persons Other Than the Department in Child Abuse and Neglect Matters; Duties - It is the duty of every prosecuting attorney to cooperate...
§49-4-503. Prosecuting Attorney to Represent Petitioner in Juvenile Cases - The prosecuting attorney shall represent the petitioner in all proceedings...
§49-4-504. Prosecuting Attorney Duty to Establish Multidisciplinary Investigative Teams - The prosecuting attorney of each county shall establish a multidisciplinary...
§49-4-601. Petition to Court When Child Believed Neglected or Abused; Venue; Notice; Right to Counsel; Continuing Legal Education; Findings; Proceedings; Procedure - §49-4-601. Petition to court when child believed neglected or abused;...
§49-4-601a. Preference of Child Placement - When a child is removed from his or her home,...
§49-4-601b. Substantiation by the Department of Abuse and Neglect - (a) Notwithstanding any provision of this code to the contrary,...
§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... - (a)(1) Temporary care, custody, and control upon filing of the...
§49-4-603. Medical and Mental Examinations; Limitation of Evidence; Probable Cause; Testimony; Judge or Referee - (a)(1) At any time during proceedings under this article the...
§49-4-604. Disposition of Neglected or Abused Children; Case Plans; Dispositions; Factors to Be Considered; Reunification; Orders; Alternative Dispositions - (a) Child and family case plans. Following a determination pursuant...
§49-4-605. When Department Efforts to Terminate Parental Rights Are Required - (a) Except as provided in §49-4-605(b) of this code, the...
§49-4-606. Modification of Dispositional Orders; Hearings; Treatment Team; Unadopted Children - (a) Upon motion of a child, a child's parent or...
§49-4-607. Consensual Termination of Parental Rights - An agreement of a natural parent in termination of parental...
§49-4-608. Permanency Hearing; Frequency; Transitional Planning; Out-of-State Placements; Findings; Notice; Permanent Placement Review - (a) Permanency hearing when reasonable efforts are not required. —...
§49-4-609. Conviction for Offenses Against Children - In any case where a person is convicted of an...
§49-4-610. Improvement Periods in Cases of Child Neglect or Abuse; Findings; Orders; Extensions; Hearings; Time Limits - In any proceeding brought pursuant to this article, the court...
§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 - §49-4-701. Juvenile jurisdiction of circuit courts, magistrate courts and municipal...
§49-4-702. Prepetition Diversion to Informal Resolution; Mandatory Prepetition Diversion Program for Status Offenses and Misdemeanor Offenses; Prepetition Review Team - (a) Before a juvenile petition is formally filed with the...
§49-4-702a. Noncustodial Counseling or Community Services Provided to a Juvenile; Prepetition Counsel and Advice - (a) The court at any time, or the department or...
§49-4-703. Juvenile Drug Courts; Hearing Officers - Juvenile drug courts shall be designed and operated consistent with...
§49-4-704. Institution of Proceedings by Petition; Notice to Juvenile and Parents; Preliminary Hearings; Subpoena - (a)(1) A petition alleging that a juvenile is a status...
§49-4-705. Taking a Juvenile Into Custody; Requirements; Existing Conditions; Detention Centers; Medical Aid - (a) In proceedings formally instituted by the filing of a...
§49-4-706. Detention Hearing; Rights of Juvenile; Notification; Counsel; Hearings - (a) The circuit court judge or magistrate shall inform the...
§49-4-707. Review of Order Following Detention Hearing - Upon the application of any person in interest or on...
§49-4-708. Preliminary Hearing; Counsel; Custody; Court Requirements; Preadjudicatory Community Supervision Period - (a) Following the filing of a juvenile petition, unless a...
§49-4-709. Right to Jury Trial for Juveniles; Inapplicability - (a) In a proceeding under this article, the juvenile, the...
§49-4-710. Waiver and Transfer of Jurisdiction - (a) Upon written motion of the prosecuting attorney filed at...
§49-4-711. Adjudication for Alleged Status Offenders and Delinquents; Mandatory Initial Disposition of Status Offenders - At the outset of an adjudicatory hearing, the court shall...
§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... - (a) Services provided by the department to juveniles adjudicated as...
§49-4-713. Graduated Penalties for Juvenile Alcohol Consumption; Fines; Community Service; Revocation of Driver's License - (a) Notwithstanding any provision of this article to the contrary,...
§49-4-714. Disposition of Juvenile Delinquents; Appeal - (a) In aid of disposition of juvenile delinquents, the juvenile...
§49-4-715. Authority of the Courts to Impose Additional Penalties; Public Service Projects; Ineligible to Operate a Motor Vehicle; Restitution - (a) In addition to the methods of disposition provided in...
§49-4-716. Teen Court Program; Alternative; Suitability; Unsuccessful Cooperation; Requirements; Fees - (a) Notwithstanding any provision of this article to the contrary,...
§49-4-717. Sexting Educational Diversion Program; Requirements - (a) Before a juvenile petition is filed for activity proscribed...
§49-4-718. Modification of Dispositional Orders; Motions; Hearings - (a) A dispositional order of the court may be modified:...
§49-4-719. Juvenile Probation Officers; Appointment; Salary; Facilities; Expenses; Duties; Powers - (a)(1) Each circuit court, subject to the approval of the...
§49-4-720. Prohibition on Committing Juveniles to Adult Facilities - (a) A juvenile, including one who has been transferred to...
§49-4-721. Rules Governing Juvenile Facilities; Rights of Juveniles - (a) The Director of the Division of Juvenile Services within...
§49-4-722. Conviction for Offense While in Custody - (a) Notwithstanding any other provision of law to the contrary,...
§49-4-723. Discrimination Prohibited; Penalties; Damages - (a) No individual, firm, corporation or other entity may discriminate...
§49-4-724. Standardized Assessments - (a) The Supreme Court of Appeals is requested to adopt...
§49-4-725. Restorative Justice Programs - (a) The court or prosecuting attorney may offer a juvenile,...
§49-4-726. Study of Juvenile Competency Issues; Requiring and Requesting Report and Proposed Legislation; Submission to Legislature - (a) The Secretary of the Department of Health and Human...
§49-4-727. Juvenile Competency Proceedings - (a) Subject to the provisions of subsection (c) of this...
§49-4-729. Motion for Determination of Competency, Time Frames, Order for Evaluation - (a) When the prosecuting attorney, the juveniles attorney, or the...
§49-4-730. Juvenile Competency Qualified Forensic Evaluator; Qualifications - An evaluation ordered by the court shall be conducted by...
§49-4-731. Juvenile Competency Evaluation - (a) The qualified forensic evaluator shall file with the court...
§49-4-732. Hearing to Determine Juvenile S Competency to Participate in the Proceedings - (a) Not more than 15 judicial days after receiving the...
§49-4-733. Procedure After Determination of Juvenile S Competency to Participate in the Proceedings - (a) After a hearing pursuant to 49-4-732 of this code,...
§49-4-734. Disposition Alternatives for Incompetent Juveniles - (a) If the court determines that the juvenile has attained...
§49-4-735. Stay of Transfer to Criminal Jurisdiction - If a juvenile is presumed incompetent under 49-4-727(c) of this...
§49-4-801. Support of a Child Removed From Home Pursuant to This Chapter; Order Requirements - §49-4-801. Support of a child removed from home pursuant to...
§49-4-802. General Provisions for Support Orders; Contempt - (a) Any pre-existing support order from any other court or...
§49-4-803. Enforcement of Support Orders - (a) Support orders may be enforced through any manner provided...
§49-4-903. Interference With Disposition of Child Punishable as Contempt of Court - A person who interferes with the direction of disposition of...
§49-4-904. Enticing Child From Custody; Penalties - A person who personally or by agent entices or forcibly...
Article 5. Record Keeping and Database
§49-5-101. Confidentiality of Records; Non-Release of Records; Exceptions; Penalties - (a) Except as otherwise provided in this chapter or by...
§49-5-102. Preservation of Records - The proceedings, records, reports, case histories, and all other papers...
§49-5-103. Confidentiality of Juvenile Records; Permissible Disclosures; Penalties; Damages - (a) Any findings or orders of the court in a...
§49-5-104. Confidentiality of Juvenile Records for Children Who Become of Age While a Ward of the State or Who Have Been Transferred to Adult Criminal Jurisdiction; Separate and Secure Location; Penalties; Damages; Accessibility of Records for Child... - (a) One year after the juveniles 18th birthday, or one...
§49-5-105. Juvenile Justice Database; Individual Records Confidential - The West Virginia Supreme Court of Appeals is responsible for...
§49-5-106. Data Collection - (a) The Division of Juvenile Services, the department and the...
Article 6. Missing Children Information Act
§49-6-101. Clearinghouse Function; State Police Requirements; Rule-Making - (a) The Missing Children Information Clearinghouse is established under the...
§49-6-102. State Department of Education; Missing Children Program; Rule-Making - (a) The State Department of Education shall develop and administer...
§49-6-103. Information to Clearinghouse; Definitions - (a) The Department of Health and Human Resources and every...
§49-6-104. Custodian Request for Information - (a) Upon written request made to a law-enforcement agency by...
§49-6-105. Missing Child Report Forms; Where Filed - (a) The clearinghouse shall distribute missing child and missing and...
§49-6-106. Missing Child Reports; Law-Enforcement Agency Requirements; Unidentified Bodies - (a) A law-enforcement agency, upon receiving a missing child or...
§49-6-107. Release of Dental Records; Cause Shown; Immunity - (a) At the time a missing child report is made,...
§49-6-108. Cross-Checking and Matching - (a) The clearinghouse shall, in accordance with national crime information...
§49-6-109. Interagency Cooperation - (a) State agencies and public and private schools shall cooperate...
§49-6-110. Confidentiality of Records; Rulemaking; Requirements - (a) The State Police shall promulgate rules according 29A-3-1 et...
§49-6-111. Attorney General to Require Compliance - The Attorney General shall require each law-enforcement agency to comply...
§49-6-112. Agencies to Receive Report; Law-Enforcement Agency Requirements - (a) Upon completion of the missing child or missing and...
§49-6-113. Clearinghouse Advisory Council; Members, Appointments and Expenses; Appointment, Duties and Compensation of Director; Annual Reports - (a) The Clearinghouse Advisory Council is continued as a body...
§49-6-114. Powers and Duties of Clearinghouse Advisory Council; Comprehensive Strategic Plan Required to Be Provided to the Legislature - The council shall prepare a comprehensive strategic plan and recommendation...
§49-6-115. Public-Private Partnerships; Funding - (a) In furtherance of its mission, the clearinghouse council is...
§49-6-116. Establish a Missing Foster Child Locator Unit Program - (a) The Secretary of the West Virginia Department of Health...
Article 7. Interstate Cooperation
§49-7-101. Adoption of Compact - ON THE PLACEMENT OF CHILDREN. §49-7-101. Adoption of compact. The...
§49-7-102. Definitions; Implementation - (a) Financial responsibility for any child placed pursuant to the...
§49-7-201. Interstate Adoption Assistance Compact; Findings and Purpose - §49-7-201. Interstate adoption assistance compact; findings and purpose. (a) The...
§49-7-202. Interstate Adoption Assistance Compacts Authorized; Definitions - (a) The Department of Health and Human Resources is authorized...
§49-7-203. Interstate Adoption Assistance Compact; Contents of Compact - A compact entered into pursuant to the authority conferred by...
§49-7-204. Medical Assistance for Children With Special Needs; Rule-Making; Penalties - (a) A child with special needs resident in this state...
§49-7-301. Execution of Interstate Compact for Juveniles - §49-7-301. Execution of interstate compact for juveniles. The Governor of...
§49-7-302. State Council for Interstate Juvenile Supervision; Members; Authority - (a) Upon the effective date of the interstate compact for...
§49-7-303. Appointment of Compact Administrator - (a) Upon and after the effective date of the interstate...
§49-7-304. Notification of the Effective Date of the Interstate Compact for Juveniles - Within ten days of the date that the thirty-fifth state...
Article 9. Foster Care Ombudsman Program
§49-9-101. The Foster Care Ombudsman - (a) There is continued within the Office of the Inspector...
§49-9-102. Investigation of Complaints - (a) Upon receipt of a complaint filed on behalf of...
§49-9-103. Access to Foster Care Children - (a) The Foster Care Ombudsman shall, with proper identification, have...
§49-9-104. Access to Records - (a) The Foster Care Ombudsman is allowed access to any...
§49-9-105. Subpoena Powers - (a) The Foster Care Ombudsman may, in the course of...
§49-9-106. Cooperation Among Government Departments or Agencies - (a) The Foster Care Ombudsman shall have access to the...
§49-9-107. Confidentiality of Investigations - (a) Information relating to any investigation of a complaint that...
§49-9-108. Limitations on Liability - (a) The Foster Care Ombudsman participating in an investigation carried...
§49-9-109. Willful Interference; Retaliation; Penalties - (a) An individual who willfully interferes with or impedes the...
§49-9-110. Funding for Foster Care Ombudsman Program - The Foster Care Ombudsman Program shall receive such funds appropriated...