Senate Bill No. 520

(By Senator Jones)

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[Introduced March 22, 1993; referred to the Committee
on the Judiciary.]

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A BILL to amend and reenact section nine, article six-a, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to child sexual abuse generally; providing for the establishment of multidisciplinary teams; investigation protocols; and providing that the county prosecuting attorney take an active role in preparing victims of child sexual abuse for court activities.

Be it enacted by the Legislature of West Virginia:
That section nine, article six-a, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 6A. REPORTS OF CHILDREN SUSPECTED TO BE ABUSED OR NEGLECTED.

§49-6A-9. Establishment of child protective services; multidisciplinary teams; general duties and powers; cooperation of other state agencies; duties of prosecuting
attorneys.
(a) The state department of health and human resources shall establish or designate in every county a local child protective service workers to perform the duties and functions set forth in this article.
(b) Except in cases involving institutional abuse or cases in which police investigation also appears appropriate, The child protective service worker shall be the sole public agency lead person responsible for investigating or arranging for investigation and coordinating the investigation of all reports of child abuse or neglect Provided, That under no circumstances shall investigating personnel be relatives of the accused, the child or the families involved. In accordance with the local plan for child protective services, it and shall provide protective services to prevent further abuse or neglect of children and provide for or arrange for and coordinate and monitor the provision of those services necessary to ensure the safety of children. The local child protective service shall be organized to maximize the continuity of responsibility, care and service of individual workers for individual children and families.
Each investigation of reported or suspected sexual abuse of a child shall be conducted by a specialized multidisciplinary team composed of a least one law-enforcement officer and a child protective service worker. The county prosecutor and other professionals from fields which serve children may also serve asmembers of the team. The multidisciplinary team shall operate under protocols governing roles, responsibilities and procedures developed jointly by the department of health and human resources, the state supreme court of appeals, the superintendent of the division of public safety and the attorney general.
Each local child protective service worker shall:
(1) Receive or arrange for the receipt of all reports of children known or suspected to be abused or neglected on a twenty-four hour, seven-day-a-week basis and cross-file all such reports under the names of the children, the family, any person substantiated as being an abuser or neglector by investigation of the department of human services, with use of such cross-filing of such person's name limited to the internal use of the department; identified as a perpetrator of child abuse or neglect.
(2) Provide or arrange for emergency children's services to be available at all times;
(3) Within twenty-four hours of Upon notification of suspected child abuse or neglect, commence or cause to be commenced initiate a thorough investigation of the report and the child's environment.
(c) If as a result of the investigation, the child protective service worker believes that the child is in eminent danger, the child protective service worker shall remove the child and place the child in a protective environment pending resolution of the investigation.
(c) (d) In those cases in which the local child protective service determines that the best interests of the child require court action, the local child protective service in cooperation with the county prosecuting attorney shall initiate the appropriate legal proceeding.
(d) (e) The local child protective service shall be responsible for providing, directing or coordinating the appropriate and timely delivery of services to any child suspected or known to be abused or neglected, including services to the child's family and those responsible for the child's care; and
(e) (f) To carry out the purposes of this article, all departments, boards, bureaus and other agencies of the state or any of its political subdivisions and all agencies providing services under the local child protective service plan shall, upon request, provide to the local child protective service such assistance and information as will enable it to fulfill its responsibilities.
In cases of sexual abuse, investigation protocols shall be developed in each county by the department of health and human resources, local law-enforcement agencies, prosecuting attorneys and professionals who may provide assistance in the investigation. County prosecuting attorneys shall take an active part in interviewing and familiarizing the child alleged to have been abused, or who is testifying as a witness, with the proceedings throughout the case, beginning as early aspracticable in the case. When possible, the involvement of the child in legal proceedings shall be minimized.



NOTE: The purpose of this bill is to provide a system of investigation of alleged sexual abuse of children which incorporates representatives of various agencies as a multidisciplinary team to conduct the investigation under a protocol developed for that purpose. The bill also provides that child protective service workers shall have increased responsibilities.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.