H. B. 4371
(By Delegates Compton, Hatfield,
Brown and Boggs)
[Introduced February 4, 2002; referred to the
Committee on Government Organization then Finance.]
A BILL to amend chapter forty-nine of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article six-f, relating to
the establishment of the citizen review panel to review the
procedures of child protective services.
Be it enacted by the Legislature of West Virginia:
That chapter forty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a
new article, designated article six-f, be amended and reenacted to
read as follows:
ARTICLE 6F. CITIZEN REVIEW PANEL.
§
49-6F-1. Short Title.
The state citizen review panel is hereby established which shall be a multi-disciplinary panel to examine the policies,
procedures and where appropriate, specific cases handles by child
protective services.
§
49-6F-2. Purpose.
(a) The purpose of this citizen review panel is to determine
whether child protective services is effectively discharging its'
child protection responsibilities.
(b) The panel shall be used as a forum to assess, evaluate and
effect policies and procedures and encourage community involvement
in child protection.
§
49-6F-3. Membership.
(a) The secretary of the department of health and human
resources shall appoint a citizen review panel to make
recommendations to the secretary, governor and to the appropriate
committees of the Legislature concerning specific issues relating
to child abuse and neglect.
(b) The secretary shall solicit nominations for the
appointment of members to the citizen review panel from appropriate
professional organizations and the membership committee of the
existing panel.
(c) In establishing the panel under subsection (a) of this
section, the secretary shall appoint members who are broadly representative of the state and shall include individuals with
expertise in the prevention and treatment of child abuse and
neglect and with consideration to representation of ethnic or
racial minorities and diverse geographic areas, and who represent:
(1) Child protective services; (2) foster care; (3) child fatality
review team; (4) child advocates; (5) law enforcement; (6) court
appointed special advocates (CASA); (7) attorneys representing
children; (8) parents; (9) consumers; (10) medicine; (11)
prosecuting attorneys; (12) youth; (13) domestic violence
advocates; and (14) social service providers.
(d) Any vacancy in the membership of the board shall be filled
in the same manner in which the original appointment was made.
(e) The panel shall elect a chairperson and vice-chairperson
at its first meeting from the members of the panel.
(f) Each member of the panel shall serve without additional
compensation, but may be reimbursed for expenses incurred in the
discharge of their duties.
§
49-6F-4. Duties.
The panel shall: (1) Examine the policies and procedures of
state and local child protection services and where appropriate,
specific cases; (2) evaluate the extent to which the agencies are effectively discharging their child protection responsibilities in
accordance with: (A) The state Child Abuse Prevention and
Treatment Act; (B) the state's assurances of compliance with the
Child's Treatment Act Plan; (C) the extent of the agency's
coordination with the foster care and adoption programs established
under part E of title IV of the Social Security Act; and (D) any
other criteria that the panel considers important to ensure the
protection of children; (3) review child fatalities and near
fatalities; (4) when appropriate, prepare and make available
recommendations on subsections (1), (2) and (3) of this section to
the secretary, governor, the Legislature and other appropriate
entities, on an annual basis, a report containing a summary of the
activities of the panel; and (5) meet not less than once every
three months.
§
49-6F-5. State assistance.
The department of health and human resources shall:
(a) Provide the panel access to information on cases that the
panel desires to review if such information is necessary for the
panel to carry out its functions; and
(b) Provide the panel, upon its request, staff assistance for
the performance of the duties of the panel.
§
49-6F-6. Confidentiality.
(a) The proceedings and records of the citizen review panel
shall be confidential and privileged and shall not be subject to
subpoena or discovery proceedings or be admitted as evidence in any
civil action arising out of the matters which are subject to
evaluation and review by such organization, and no person who was
in attendance at a meeting of the panel shall be permitted or
required to testify in any such civil action as to any evidence or
other matters produced or presented during the proceedings of such
organization, or as to any findings, recommendations, evaluations,
opinions or other actions of the panel or of any members thereof:
Provided, That information, documents or records otherwise
available from original sources are not to be construed as immune
from discovery or use in any civil action merely because they were
presented during proceedings of such organization, nor should any
person who presents information before the panel or is a member of
the panel be prevented from testifying as to matters within his or
her knowledge, but the witness shall not be asked about his or her
presentation before the panel or opinions formed by him or her as
a result of said panel meetings.
(b) The members and staff of a panel shall not: (1) Disclose to any person or government official any identifying information
about any specific child protection case with respect to which the
panel is provided information; and (2) make public any other
information unless authorized by state statute.
(c) All information provided to the panel pursuant to its duty
to review child protection cases shall either be destroyed
following the review or shall be returned to the individual or
agency providing the information.
§
49-6F-7. Immunity from liability.
Notwithstanding any other provision of law, no person
providing information to the panel shall be held, by reason of
having provided such information, to be civilly liable under any
law, unless: (1) Such information is unrelated to the performance
of the duties and functions of the panel, or such information is
false and the person providing the information knew or should have
known that the information was false; or (2) a review panel member
or staff who, in the absence of malice and gross negligence, acts
upon information provided to the panel, shall be immune from
liability for loss or injury to any person whose activities are
being reviewed.
NOTE: The purpose of this bill is to establish a citizen
review panel to review the procedures and actions of child
protective services.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
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