H.
B.
4416
(By Delegate Pettit)
[Introduced February 9, 1994; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section sixteen, article two, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to counseling of abused and neglected children generally; and requiring that when counseling of abused and neglected children is recommended that the secretary of health and human resources provide or ensure that the service is provided for not less than one year.
Be it enacted by the Legislature of West Virginia:
That section sixteen, article two, 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 2. STATE RESPONSIBILITIES FOR THE PROTECTION AND CARE OF
CHILDREN.
§
49
-
2
-
16. State responsibility for child care.
The state department is hereby authorized and empowered to provide care, support and protective services for children who are handicapped by dependency, neglect, single parent status, mental or physical disability, or who for other reasons are in need of public service. Such department is also hereby authorized and empowered in its discretion to accept children for care from their parent or parents, guardian, custodian or relatives and to accept the custody of children committed to its care by courts exercising juvenile jurisdiction. The department of human services or any county office of such department is also hereby authorized and empowered in its discretion to accept temporary custody of children for care from any law-enforcement officer in an emergency situation.
The department of human services shall provide care in special boarding homes for children needing detention pending disposition by a court having juvenile jurisdiction or temporary care following such court action.
Within ninety days of the date of the signatures to a voluntary placement agreement, after receipt of physical custody, the state department shall file with the court a petition for review of the placement, stating the child's situation and the circumstance that gives rise to the voluntary placement. If the department intends to extend the voluntary placement agreement, the department shall file with the court a copy of the child's case plan. The court shall appoint an attorney for the child, who shall also receive a copy of the case plan. The court shall schedule a hearing and shall give notice of the time and place and right to be present at such hearing to: The child's attorney; the child, if twelve years of age or older; the child's parents or guardians; the child's foster parents; and any other such persons as the court may in its discretion direct. The child's presence at such hearing may be waived by the child's attorney at the request of the child or if the child would suffer emotional harm. At the conclusion of the proceedings, but no later than ninety days after the date of the signatures to the voluntary placement agreement, the court shall enter an order determining whether or not continuation of the voluntary placement is in the best interests of the child; specifying under what conditions the child's placement shall continue; and specifying whether or not the department has made reasonable efforts to reunify the family and/or provide a plan for the permanent placement of the child.
The secretary of health and human services shall provide or shall ensure that counseling services are provided for not less than one year to any abused or neglected child served by the department either as a result of an adjudication of abuse or neglect or as a result of being temporarily or permanently placed in foster care.
NOTE: The purpose of this bill is to require that when counseling of abused and neglected children is recommended that the secretary of health and human resources provide or ensure that the service is provided for not less than one year.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.