Senate Bill 89 History
Senate Bill No. 89
(By Senators Boley and Weeks)
[Introduced February 9, 2005; referred to the Committee
on Health and Human Resources; and then to the Committee on the
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §49-2B-18, relating
to bill of rights for children in foster care.
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 §49-2B-18, to read as
ARTICLE 2B. DUTIES OF COMMISSIONER OF HUMAN SERVICES FOR CHILD
§49-2B-18. Bill of rights for children in foster care.
Every child in foster care has the inherent right:
(1) To be cherished by a family of his or her own, either his
or her family helped by readily available services and supports to
reassume his or her care, or an adoptive family or by plan, a
continuing foster family.
(2) To be nurtured by foster parents who have been selected to
meet his or her individual needs, and who are provided services and supports, including specialized education, so that they can grow in
their ability to enable the child to reach his or her potentiality.
(3) To receive sensitive, continuing help in understanding and
accepting the reasons for his or her own family's inability to take
care of him or her, and in developing confidence in his or her own
(4) To receive continuing loving care and respect as a unique
human being, a child growing in trust in himself or herself and
(5) To grow up in freedom and dignity in a neighborhood of
people who accept him or her with understanding, respect and
(6) To receive help in overcoming deprivation or whatever
distortion in his or her emotional, physical, intellectual, social
and spiritual growth may have resulted from his or her early
(7) To receive education, training, and guidance to prepare
for a useful and satisfying life.
(8) To receive preparation for citizenship and parenthood
through interaction with foster parents and other adults who are
consistent role models.
(9) To be represented by an attorney at law in administrative
or judicial proceedings with access to fair hearings and court
review of decisions, so that his or her best interests are
(10) To receive a high quality of child welfare services, including involvement of the natural parents and his or her own
involvement in major decisions that affect them.
NOTE: The purpose of this bill is to establish a bill of
rights for children in foster care.
This section is new; therefore, strike-throughs and
underscoring have been omitted.