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.)