H. B. 4478
(By Delegates Cowles, Eldridge, C. Miller,
Stowers, Mahan Hatfield and Hall)
[Introduced February 12, 2010
; 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 º49-2D-4a, relating
to the Home-Base 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 º49-2D-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-Base Family Preservation Act.
º49-2D-4a is new; therefore it has been completely
underscored.
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