H. B. 2103
(By Delegate Kiss (By Request)
[Introduced January 20, 1995; referred to the
Committee on the Judiciary.]
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 the department
being specifically authorized to promulgate rules regarding
increasing the boarding rates for foster care.
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
§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 state department is hereby authorized to promulgate rules
necessary to increase the compensation to those providing
boarding for child care or emergency shelters.
NOTE: the purpose of
this bill is to authorize rule
promulgation for increasing compensation for boarding for foster
care and emergency shelters.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.