Senate Bill No. 482
(By Senators Kessler, Dempsey, Fanning, Foster, Minard, Oliverio,
White, Barnes, Caruth, Deem, Harrison, Lanham and Weeks)
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[Originating in the Committee on the Judiciary;
reported February 2, 2006.]
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A BILL to amend and reenact §49-6A-2 of the Code of West Virginia,
1931, as amended, relating to replacing "family law master"
with "family court judge" in code provision providing for
mandatory reporting of suspected child abuse.
Be it enacted by the Legislature of West Virginia:
That §49-6A-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6A. REPORTS OF CHILDREN SUSPECTED TO BE ABUSED OR
NEGLECTED.
§49-6A-2. Persons mandated to report suspected abuse and neglect.
When any medical, dental or mental health professional,
Christian Science practitioner, religious healer, school teacher or
other school personnel, social service worker, child care or foster
care worker, emergency medical services personnel, peace officer or
law-enforcement official, member of the clergy, circuit court
judge,
family law master family court judge, employee of the Division of Juvenile Services or magistrate has reasonable cause to
suspect that a child is neglected or abused or observes the child
being subjected to conditions that are likely to result in abuse or
neglect, such person shall immediately, and not more than forty-
eight hours after suspecting this abuse, report the circumstances
or cause a report to be made to the state Division of Human
Services:
Provided, That in any case where the reporter believes
that the child suffered serious physical abuse or sexual abuse or
sexual assault, the reporter shall also immediately report, or
cause a report to be made, to the Division of Public Safety and any
law-enforcement agency having jurisdiction to investigate the
complaint:
Provided, however, That any person required to report
under this article who is a member of the staff of a public or
private institution, school, facility or agency shall immediately
notify the person in charge of such institution, school, facility
or agency, or a designated agent thereof, who shall report or cause
a report to be made. However, nothing in this article is intended
to prevent individuals from reporting on their own behalf.
In addition to those persons and officials specifically
required to report situations involving suspected abuse or neglect
of children, any other person may make a report if such person has
reasonable cause to suspect that a child has been abused or
neglected in a home or institution or observes the child being
subjected to conditions or circumstances that would reasonably result in abuse or neglect.
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(NOTE: The purpose of this bill is to change "family law
master" to "family court judge".
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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