COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 517
(By Senators Jones, Plymale, Humphreys,
Wooton and Whitlow)
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[Originating in the Committee on the Judiciary;
reported March 31, 1993.]
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A BILL to amend article four, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section four,
and to amend and reenact chapter forty-nine of said code by
adding thereto a new article, designated article five-d, all
relating to multidisciplinary teams; evaluation of minor
children prior to out-of-home placement; procedures;
establishment of teams; cooperation of state, county and
local agencies with the teams; liability waiver for
violation of privacy; providing for meetings, chairman,
responsibilities and expenses of the council; establishing
prosecuting attorney advisory counsel, requiring prosecuting
attorneys to participate in certain multidisciplinary team
programs dealing with sexual abuse and sexual assault; and
providing for personnel to assist victims of crime.
Be it enacted by the Legislature of West Virginia:
That article four, chapter seven of the code of WestVirginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section four;
and that chapter forty-nine of said code be amended by adding
thereto a new article, designated article five-d, all to read as
follows:
CHAPTER 7. TRAINING PROGRAMS FOR COUNTY EMPLOYEES, ETC.;
COMPENSATION OF ELECTED OFFICIALS; COUNTY ASSISTANTS,
DEPUTIES AND EMPLOYEES, THEIR NUMBER AND COMPENSATION.
ARTICLE 4. PROSECUTING ATTORNEY, REWARDS AND LEGAL ADVICE.
§7-4-4. Prosecutors advisory council; victim advocates;
participation in multidisciplinary teams; data collection.
There is hereby created the prosecutor's advisory council
composed of elected prosecuting attorneys of each county of this
state. The prosecutor's advisory council shall conduct an
initial meeting of all members not less than one month after the
month of July, one thousand nine hundred ninety-four, in the
chamber of the House of Delegates or other meeting place in the
city of Charleston, West Virginia. The council shall meet not
less than one time each fiscal year. At the initial meeting of
the council, the council shall elect from among its membership,
a chairman of the council who shall set the agenda for the
conduct of meetings and shall appoint necessary committees and
direct the work of the council in carrying out its duties under
the provisions of this section. The council shall provide
advice, assistance and leadership to county prosecuting attorneys
in prosecuting crimes involving child abuse. The council shall
pursue funds and programs to provide each prosecuting attorney's
office with a staff person to assist children who are crimevictims to obtain services and assistance from other agencies and
programs in the community. Prosecuting attorneys shall be
reimbursed by the county commission of each county for all
expenses necessary and actually incurred in attending the
meetings of the council.
The council may apply for and receive funds from any grant
program of any agency or institution of the United States, public
or private, in carrying out the purposes of this section.
CHAPTER 49. CHILD WELFARE.
ARTICLE 5D. MULTIDISCIPLINARY TEAMS; EVALUATION OF MINOR
CHILDREN PRIOR TO OUT-OF-HOME PLACEMENT.
§49-5D-1. Purpose.
The purpose of this article is to provide a system for
evaluation of minor children who may be victims of child abuse.
It is further the purpose of this article to establish a
multidisciplinary screening, advisory and planning system to
assist courts in determining the advisability of long-term out-
of-home placement, to recommend alternatives and to coordinate
evaluations and in-community services. It is further the purpose
of this article to ensure that children are safe from abuse and
neglect and to encourage investigation and competent criminal
prosecution to ensure that safety.
§49-5D-2. Multidisciplinary teams; establishment; members;
powers.
The prosecuting attorney for each county shall establish
multidisciplinary screening, advisory and planning teams in each
county. The multidisciplinary teams shall be lead by the
prosecuting attorney and shall consist of the prosecutingattorney or his or her designee, a representative from the
department of health and human resources who directly
investigates reports of child abuse, a designee of the county
boards of education and a local law-enforcement officer employed
by a law-enforcement agency in said county. Additionally, in any
case when a child has been appointed counsel pursuant to section
two, article six of this chapter, or has been appointed a court
appointed special advocate, he or she may attend the meeting.
The parent's attorney may appear before the committee but may not
otherwise participate in any meeting as a member. Each of these
agencies shall designate a local representative or
representatives to each county within thirty days of the initial
effective date of this article. The prosecuting attorney shall
notify the chief judge of each circuit of the names of the
representatives so designated within fifteen days of their
designation for his or her approval. Any other agency or person
who may contribute to the team's efforts to assist the minor
child may be included on the team at the discretion of the
permanent team members.
§49-5D-3. Procedures.
(a) Within twenty four hours of completing the initial
investigation described in subsection (b), section nine, article
six-a of this chapter, a child protective services worker who
knows or suspects that a child is being abused shall notify the
prosecuting attorney, who shall convene the multidisciplinary
team for evaluations and recommendations.
(b) The multidisciplinary team shall continue to meet at
regular intervals, at least every six weeks, after initiallyassessing a case. Additionally, the team shall meet on any case
when:
(1) The child is removed from his or her home for a period
in excess of thirty days;
(2) Any diagnostic reports are received;
(3) The child's temporary placement is changed; or
(4) At the conclusion of a criminal trial where the child is
the victim.
(c) The team shall continue to meet until such time as the
child is living in a permanent home and is not in danger of
further abuse or neglect.
(d) Nothing in this article limits or prohibits the
temporary placement of a minor in any emergency shelter care
facility, foster home or detention center by the court pending
final adjudication or completion of an evaluation.
§49-5D-4. Cooperation of state, county and local agencies with
the multidisciplinary team; liability waived for violation
of privacy.
State, county and local agencies shall provide the
multidisciplinary team with any information requested in writing
by the team 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: Provided, That a
prosecuting attorney or other criminal investigatory agency may
not be required to disclose information nor are confidential
personnel or tax records subject to disclosure under this
section. The circuit court shall enter such an order upon the
motion of either party or on its own motion. When a court orderis obtained, the consent of the child's parent, guardian or
custodian is not required and there shall be no liability for
violation of privacy or confidentiality for providing the
information relevant to the disposition of the case to the team.
The team shall assure the conventionality of all information it
receives and develops. Confidentiality shall be construed in
accord with section one, article seven of this chapter.
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(NOTE: The purpose of this bill is to establish
multidisciplinary teams to evaluate and monitor cases involving
abused children. Additionally this bill requires that
prosecuting attorneys participate in community multidisciplinary
teams and a statewide council on child abuse.)