H. B. 4372


(By Delegate Douglas)
[Introduced February 7, 1994; referred to the
Committee on the Judiciary.]




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 chapter forty-nine of said code by adding thereto a new article, designated article five-d, all relating to establishing a prosecutor's advisory council; election of chairman; responsibilities of the council; providing for the appointment of county multidisciplinary teams of professionals to review certain child abuse and neglect cases; establishing procedures for deliberation by the multidisciplinary teams; requiring cooperation from other state and local governmental units; prohibiting disclosure of certain confidential information; and waiver of liability in certain cases.

Be it enacted by the Legislature of West Virginia:

That article four, chapter seven of the code of West Virginia, 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. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 4. PROSECUTING ATTORNEY, REWARDS AND LEGAL ADVICE.

§ 7 - 4 - 4. Prosecutor's 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 later than the first day of September, 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 year. At the initial meeting and annually thereafter, the council shall elect from among its membership a chairman of the council who shall set the agenda for the council's 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 the offices of the various county prosecuting attorneys of this state in criminal and civil cases which involve child abuse or neglect or sexual assault or sexual abuse of children. The council shall seek funds and programs to provide each prosecuting attorney's office with a staff person to assist children who are crime victims to obtain services and assistance from other agencies and programs in the community. Prosecuting attorneys shall be reimbursed by their respective county commissions for necessary expenses actually incurred when 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.

§ 49-5D-1. Purpose.

The purpose of this article is to provide a system for evaluation of children who may be victims of abuse, neglect, sexual assault or sexual abuse. It is the further purpose of this article to establish, as a complement to other programs of the department of health and human resources, a multidisciplinary screening, advisory and planning system to assist courts in facilitating permanency planning, to recommend alternatives and to coordinate evaluations and in-community services. It is the further purpose of this article to ensure that children are safe from abuse and neglect, and to coordinate investigation of alleged offenses and competent criminal prosecution of offenders to ensure that safety, as determined appropriate by the prosecuting attorney.

§ 49-5D-2. Multidisciplinary teams; establishment; members; powers .

In those counties wherein a team which meets the purposes of this article does not exist on the effective date of this article, the prosecuting attorney shall establish a multidisciplinary screening, advisory and planning team. The multidisciplinary team shall be headed and directed by the prosecuting attorney and shall include as permanent members the prosecuting attorney or his or her designee, a local child protective services representative from the department of health and human resources, a local designee of the county board of education and a local law-enforcement officer employed by a law-enforcement agency in the county. In addition to the permanent members, the multidisciplinary team shall include the following members selected for a four-year term: (1) A licensed psychologist, psychiatrist or therapist selected by the presiding judge of the circuit court; (2) a child advocate attorney selected by the county bar association, or if there is no county bar association, he or she shall be selected by the state bar association; (3) a licensed medical doctor selected by the county's medical association, or if there is no county medical association, he or she shall be selected by the state medical association; and (4) a court appointed special advocate selected by the court appointed advocate association in the county, or if a court appointed special advocate organization does not exist within a county, then the state court appointed special advocates shall select one of their members. A nonpermanent member of the multidisciplinary team may be reappointed for no more than two successive terms. The department of health and human resources, the county board of education, and any local law-enforcement agency or agencies selected by the prosecuting attorney shall appoint their representatives to the team by submitting a written designation of the team to the prosecuting attorney of each county within thirty days of the prosecutor's request that the appointment be made. Within fifteen days of the appointment, the prosecuting attorney shall notify the chief judge of each circuit within which the county is situate of the names of the representatives so appointed. Any other person or any other appointee of an agency who may contribute to the team's efforts to assist a minor child as may be determined by the permanent members of the team may also be appointed as a member of the team.

§ 49-5D-3. Procedures.

(a) Any permanent member of the multidisciplinary team may refer a case for consideration by the team.

(b) Within twenty-four hours of completing an initial investigation, a child protective services worker or law-enforcement officer who has initially substantiated a report of serious physical injury or sexual abuse or assault, shall notify the prosecuting attorney, who shall bring the case to the next scheduled team meeting or to an emergency meeting if deemed necessary by the prosecuting attorney.
(c) The multidisciplinary team shall meet at regular intervals at least once every calendar month. At the initial multidisciplinary assessment of any case referred, a plan shall be established which shall include the next mandatory review date of any case consistent with reviews that are scheduled according to department of health and human resources policy. The team may review any case more frequently than such policy may dictate, and shall review the same as soon as reasonably possible upon the occurrence of one or more of the following events:
(1) Any change of the child's circumstances necessitating legal intervention not provided for under the plan; or
(2) At the conclusion of a criminal trial where the child is a victim.
(d) Each member of the team shall share equally in the establishment of team procedures.
(e) An attorney for the parent or parents of the child may appear at the meetings of the team concerning that child but may not otherwise participate in any such meeting as a member. Additionally, in any case in which a child has had counsel appointed pursuant to section two, article six of this chapter, or has had a court appointed special advocate appointed, the child's counsel or special advocate may attend the meetings of the team concerning that child.
§ 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 as allowable by law or 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 neither information in the possession of a prosecuting attorney or other law-enforcement agency which is otherwise confidential under any other provision of this code, nor confidential personnel or tax records, are 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 order is obtained, the consent of the child's parent, guardian or custodian is not required and no person who, in compliance with such order, discloses to the team information relevant to the disposition of the case as required by such order shall be criminally or civilly liable therefor in any action alleging a violation of any right to privacy or confidentiality. The team shall assure that all information received and developed in connection with the provisions of this article remains confidential. For purposes of this section, the term "confidential" shall be construed in accordance with the provisions of section one, article seven of this chapter.




NOTE: The purpose of this bill is to establish a statewide prosecutor's council to provide assistance to local prosecuting attorneys in cases involving child victims of abuse, neglect, sexual assault or sexual abuse. The bill also provides for the appointment of county multidisciplinary teams of professionals to review cases of child abuse and neglect and to help plan treatment for child victims.

§7-4-4 and §49-5D are new; therefore, strike-throughs and underscoring have been omitted.