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§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 Minimum Staffing Complement for Child Protective Services - [Repealed.]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 Education of the Public - [Repealed.]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...