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.