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Introduced Version House Bill 3102 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 3102


(By Delegate Talbott)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact §49-5D-2 of the Code of West Virginia, 1931, as amended, relating to the investigation and prosecution of cases involving child abuse and neglect generally; authorizing temporary protective custody for children in order to safely conduct child advocacy center interviews.

Be it enacted by the Legislature of West Virginia:
That §49-5D-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5D. MULTIDISCIPLINARY TEAMS.
§49-5D-2. Multidisciplinary investigative teams; establishment; procedures; coordination between agencies.

(a) The prosecuting attorney shall establish a multidisciplinary investigative team in each county. The multidisciplinary team shall be headed and directed by the prosecuting attorney
or his or her designee and shall include as permanent members the prosecuting attorney or his or her designee, a local child protective services caseworker from the department of health and human resources, a local law-enforcement officer employed by a law-enforcement agency in the county and, where appropriate to the particular case under consideration and available, a child advocacy center representative, and a representative from the licensed domestic violence program serving the county. The department of health and human resources and any local law-enforcement agency or agencies selected by the prosecuting attorney shall appoint their representatives to the team by submitting a written designation of the team to the prosecuting attorney of each county within thirty days of the prosecutor's request that the appointment be made. Within fifteen days of the appointment, the prosecuting attorney shall notify the chief judge of each circuit within which the county is situated of the names of the representatives so appointed. Any other person or any other appointee of an agency who may contribute to the team's efforts to assist a minor child as may be determined by the permanent members of the team may also be appointed as a member of the team by the prosecutor with notification to the chief judge.
(b) Any permanent member of the multidisciplinary investigative team shall refer all cases of accidental death of any child reported to their agency and all cases when a child dies while in the custody of the state for investigation and review by the team. The multidisciplinary investigative team shall meet at regular intervals at least once every calendar month.
(c) The investigative team shall be responsible for coordinating or cooperating in the initial and ongoing investigation of all civil and criminal allegations pertinent to cases involving child sexual assault, child sexual abuse, child abuse and neglect, and shall make a recommendation to the county prosecuting attorney as to the initiation or commencement of a civil petition and/or criminal prosecution.
(d) The Department of Health and Human Resources shall take temporary protective custody of a child in order to safely conduct a team interview with the child at a child advocacy center in any case where:
(1) A multidisciplinary investigative team is coordinating or cooperating in the initial or ongoing investigation of a civil or criminal allegation pertinent to a case involving child sexual assault, child sexual abuse, or child abuse and neglect; and
(2) A multidisciplinary investigative team reasonably suspects a parent, guardian, or custodian of child abuse; and
(3) A parent, guardian, or custodian refuses to allow the multidisciplinary investigative team to conduct an interview with the child at a child advocacy center; and
(4) A petition regarding provisions (1),(2) and (3) of this subsection has been filed with a circuit court.
(d)(e) State, county and local agencies shall provide the multidisciplinary investigative team with any information requested in writing by the team as allowable by law or upon receipt of a certified copy of the circuit court's order directing said agencies to release information in its possession relating to the child. The team shall assure that all information received and developed in connection with the provisions of this article remains confidential. For purposes of this section, the term "confidential" shall be construed in accordance with the provisions of section one, article seven of this chapter.


NOTE: The purpose of this bill is to aid in the investigation and prosecution of cases involving child abuse and neglect. In any case where a multidisciplinary investigative team suspects a uncooperative parent, guardian, or custodian of child abuse, the Department of Health and Human Resources would be authorized to take temporary protective custody of the child in order to safely conduct a team interview with the child at a child advocacy center.


Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.


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