Senate Bill No. 566

(By Senator Jones)

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

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A BILL to amend and reenact section one, article six, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections two, five and nine, article six-a of said chapter, all relating to creating a separate child sexual abuse agency as child protective services in each county; administration; and duties and authority.

Be it enacted by the Legislature of West Virginia:
That section one, article six, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that sections two, five and nine, article six-a of said chapter be amended and reenacted, to read as follows:
ARTICLE 6. PROCEDURE IN CASES OF CHILD NEGLECT OR ABUSE.

§49-6-1. Petition to court when child believed neglected or abused; notice.

(a) If the state department or a reputable person believesthat a child is neglected or abused, the department or the person may present a petition setting forth the facts to the circuit court in the county in which the child resides, or to the judge of such court in vacation: Provided, That the department shall initiate a petition upon recommendation of the child protective services. The petition shall be verified by the oath of some credible person having knowledge of the facts. The petition shall allege specific conduct including time and place, how such conduct comes within the statutory definition of neglect or abuse with references thereto, any supportive services provided by the state department to remedy the alleged circumstances and the relief sought. Upon filing of the petition, the court shall set a time and place for a hearing and shall appoint counsel for the child. When there is an order for temporary custody pursuant to section three of this article, such hearing shall be held within thirty days of such order, unless a continuance for a reasonable time is granted to a date certain, for good cause shown.
(b) The petition and notice of the hearing shall be served upon both parents and any other custodian, giving to such parents or custodian at least ten days' notice, and notice shall be given to the state department. In cases wherein personal service within West Virginia cannot be obtained after due diligence upon any parent or other custodian, a copy of the petition and notice of the hearing shall be mailed to such person by certified mail, addressee only, return receipt requested, to the last known address of such person. If said person signs the certificate,service shall be complete and said certificate shall be filed as proof of said service with the clerk of the circuit court. If service cannot be obtained by personal service or by certified mail, notice shall be by publication as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. A notice of hearing shall specify the time and place of the hearing, the right to counsel of the child and parents or other custodians at every stage of the proceedings and the fact that such proceedings can result in the permanent termination of the parental rights. Failure to object to defects in the petition and notice shall not be construed as a waiver.
(c) At the time of the institution of any proceeding under this article, the state department shall provide supportive services in an effort to remedy circumstances detrimental to a child.
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 or magistrate hasreasonable 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 department of human services local child protective service: Provided, That in any case where the reporter believes that the child has been seriously physically injured or sexually abused or sexually assaulted, the reporter shall also immediately report, or cause a report to be made to the department 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.
§49-6A-5. Reporting procedures.

Reports of child abuse and neglect pursuant to this article shall be made immediately by telephone to the local state department child protective service agency and shall be followed by a written report within forty-eight hours if so requested by the receiving agency. The state department shall establish and maintain a twenty-four hour, seven-day-a-week telephone number to receive such calls reporting suspected or known child abuse or neglect.
A copy of any report of serious physical injury, or sexual abuse or assault, shall be forwarded by the department to the appropriate law-enforcement agency, the prosecuting attorney or the coroner or medical examiner's office. All reports under this article shall be confidential, and unless there are pending proceedings with regard thereto, shall be destroyed six years following their preparation. Reports of known or suspected institutional child abuse or neglect shall be made and received as all other reports made pursuant to this article. Such documentation shall be provided within three business days of receipt by the child protective services.
§49-6A-9. Establishment of child protective services; general duties and powers; cooperation of other state agencies.

(a) The state department shall establish or designate After the first day of July, one thousand nine hundred ninety-three, there is hereby established in every county a local child protective service to perform the duties and functions set forthin this article.
The agency shall have as its principal purpose the development and improvement of programs by which the state investigates and treats orders of child abuse and neglect.
(b) The governor shall appoint, by and with the advice and consent of the Senate, the executive director of child protective services, who shall serve at the will and pleasure of the governor. The executive director shall be a qualified administrator as determined by the governor. In addition to the executive director there shall be such other employees as the executive director determines to be necessary. The executive director shall have the authority to promulgate rules, and shall have such other authority and perform such duties as may be required or necessary to effectuate this article. The executive director shall provide supervision and direction to the other agency employees in the performance of their duties.
(c) The executive director's annual salary shall be as determined by the Legislature.
(d) Consistent with the provisions of this article, the agency is authorized to make grants to and contracts with individuals, partnerships, firms, corporations and nonprofit organizations, for the purpose of providing services to children under this article, and may make such other grants and contracts and select and employ persons as are necessary to carry out the purposes and provisions of this section: Provided, That no contract may be entered into with the department to provideservices described in this section.
(e) The agency shall establish and the executive director or his designate shall operate an accounting and auditing division to require and monitor the compliance with this article by persons or entities receiving funding or compensation from the agency. This division shall review all plans and proposals for grants and contracts, and shall make a recommendation of approval or disapproval to the executive director. The division shall prepare, or cause to be prepared, reports concerning the evaluation, inspection, or monitoring of grantees, contractors, persons or entities receiving financial assistance under this article, and shall further carry out the agency's responsibilities for records and reports as set forth in section eighteen of this article.
The accounting and auditing division shall provide to the executive director assistance in the fiscal administration of all of the agency's divisions. Such assistance shall include, but not be limited to, budget preparation and statistical analysis.
The executive director is empowered to select and employ persons necessary to perform the duties prescribed by this subsection. The director shall establish, at a minimum, one office in each county to perform the duties required in this section.
(b) (f) Except in cases involving institutional abuse or cases in which police investigation also appears appropriate, the child protective service shall be the sole public agencyresponsible 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 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 local child protective service 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;
(2) Provide or arrange for emergency children's services to be available at all times;
(3) Within twenty-four hours of notification of suspected child abuse or neglect, commence or cause to be commenced a thorough investigation of the report and the child's environmentwhich shall include, at a minimum, a personal interview of all witnesses.
(c) (g) 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 shall initiate recommend the appropriate legal proceeding.
(d) (h) 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) (i) 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.



NOTE: The purpose of this bill is to create a separate Sexual Abuse Agency as Child Protective Services out of the Department of Health and Human Resources to be located in each county in the state.

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