Senate Bill No. 460

(By Senator Yoder)

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[Introduced February 21, 1994; referred to the Committee
on the Judiciary.]

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A BILL to amend and reenact section two, article three, chapter forty-eight-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to the designation of the regions for the children's advocates; providing for more equal distribution of caseloads among the children's advocates; and permitting consideration of various factors in designating those regions.

Be it enacted by the Legislature of West Virginia:
That section two, article three, chapter forty-eight-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 3. CHILDREN'S ADVOCATE.

§48A-3-2. Placement of children's advocates throughout the state; supervision; office procedures.

(a) The child advocate office shall employ twenty-one employees in the position of children's advocate, and the offices of the children's advocates shall be distributed geographicallyso as to provide an office for each of the following areas of the state:
(1) The counties of Brooke, Hancock and Ohio;
(2) The counties of Marshall, Tyler and Wetzel;
(3) The counties of Pleasants, Ritchie, Wirt and Wood;
(4) The counties of Calhoun, Jackson and Roane;
(5) The counties of Mason and Putnam;
(6) The county of Cabell;
(7) The counties of McDowell and Wyoming;
(8) The counties of Logan and Mingo;
(9) The county of Kanawha;
(10) The county of Raleigh;
(11) The counties of Mercer, Monroe and Summers;
(12) The counties of Fayette and Nicholas;
(13) The counties of Greenbrier and Pocahontas;
(14) The counties of Braxton, Clay, Gilmer and Webster;
(15) The counties of Doddridge, Harrison, Lewis and Upshur;
(16) The counties of Marion and Taylor;
(17) The counties of Monongalia and Preston;
(18) The counties of Barbour, Randolph and Tucker;
(19) The counties of Grant, Hampshire, Hardy, Mineral and Pendleton;
(20) The counties of Berkeley, Jefferson and Morgan; and
(21) The counties of Boone, Lincoln and Wayne.
Effective the first day of July, one thousand nine hundred ninety-four, the director of the child advocate office shallapportion the state into geographical regions which may be single attorney regions or multiple attorney regions, or a combination of both. County boundaries shall be strictly observed and counties may not be divided among two or more regions. The director shall construct regions which provide, as nearly as is practicable, for equal caseload distribution among the children's advocates. Mathematical exactness as to caseload is not required and deviations from an absolute standard may be based upon concerns, other than caseload, including, but not limited to, deviations dictated by the following considerations:
(1) Judicial circuits;
(2) Geographical features which affect the time and expense of travel;
(3) Traditional patterns of practice by members of the bar; and
(4) Population variances between regions.
(b) Each children's advocate shall be appointed by the director of the child advocate office. The children's advocates shall be duly qualified attorneys licensed to practice in the courts of this state. Children's advocates shall be exempted from the appointments in the indigent cases which would otherwise be required pursuant to article twenty-one, chapter twenty-nine of this code.
(c) Nothing contained herein shall prohibit the director from temporarily assigning, from time to time as caseload may dictate, a children's advocate from one geographical area toanother geographical area.
(d) The children's advocate is an employee of the child advocate office.



NOTE: The purpose of this bill is to permit the reconstruction of regions for purposes of assigning children's advocates and redistributing their caseloads based on various considerations.

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

This bill is recommended by the Joint Judiciary Subcommittee E for passage at the 1994 Regular Session.