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Introduced Version House Bill 2431 History

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H. B. 2431

 

         (By Delegates Cowles, C. Miller, Stowers, Mahan,

                       Hatfield and Hall)

              


         [Introduced January 12, 2011; referred to the

         Committee on the Judiciary.]

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-2D-4a, relating to the Home-Based Family Preservation Act; and requiring a child to be placed with a relative, where possible, when removed from the home of a parent.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §49-2D-4a, to read as follows:

ARTICLE 2D. HOME-BASED FAMILY PRESERVATION ACT.

§49-2D-4a. Relative Placement Preference.

    When a child is removed from a parent's home, the department shall place the child, in the absence of clear and convincing evidence of good cause to the contrary:

    (a) In the least restrictive setting that most closely approximates a family and that meets the child's special needs, if any;

    (b) Within reasonable proximity to the child's home, taking into account any special needs of the child and the preferences of the child or parent; or

    (c) With, in the following order of preference:

    (1) An adult family member;

    (2) A family friend who meets the foster care licensing requirements established by the department;

    (3) A licensed foster home that is not an adult family member or family friend; or

    (4) An institution for children that has a program suitable to meet the child's needs.




    NOTE: The purpose of this bill is to require a child to be placed with a relative, where possible, when removed from the home of a parent under the Home-Based Family Preservation Act.


    §49-2D-4a is new; therefore it has been completely underscored.

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