COMMITTEE SUBSTITUTE

FOR

H. B. 2817

(By Delegates Fleischauer, Amores, Laird,

Caputo, Capito, Osborne and Mahan)

(Originating in the Committee on the Judiciary)

[February 6, 1998]



A BILL to amend and reenact sections one, two, three, four, five, six, ten, ten-a, twelve and fourteen, article two-a, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to further amend said article by adding thereto a new section, designated section seven-a; to amend and reenact sections two, three and ten, article two- c of said chapter; to further amend said article by adding thereto eleven new sections, designated sections four-a, four- b, ten-a, ten-b, thirteen-a, thirteen-b, sixteen, seventeen, eighteen, nineteen and twenty; and to amend article six-a, chapter forty-nine of said code by adding thereto a new section, designated section nine-a, all relating generally to domestic and family violence and its treatment and prevention; legislative findings; definitions of terms; venue of proceedings; contents of protective orders; presumptions concerning custody and residence; factors in determining custody and visitation; conditions of visitation in cases involving domestic and family violence; specialized visitation centers for victims of domestic and family violence; updating certain terms; providing for basic training and continuing education in matters involving domestic and family violence for judicial officers and court personnel, law-enforcement officers, state, county and municipal employees who work with domestic and family violence cases, attorneys and school personnel who are required to report child abuse and neglect; arrests in domestic violence matters; family protections services board; establishment of local advisory councils on domestic and family violence; provision for development of a state public health plan for reducing domestic and family violence; referral of victims to shelters; notice of rights and remedies and services available; information required to be provided by hospitals in certain cases; promulgation of legislative rules; establishment of standards, procedures and curricula; regulation of programs of intervention for perpetrators of domestic and family violence; duties of providers of intervention programs; required curricula for public school system; and additional duties of child protective services regarding domestic and family violence.

Be it enacted by the Legislature of West Virginia:
That sections one, two, three, four, five, six, ten, ten-a, twelve and fourteen, article two-a, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that said article be further amended by adding thereto a new section, designated section seven-a; that sections two, three and ten, article two-c of said chapter be amended and reenacted; that said article be further amended by adding thereto eleven new sections, designated sections four-a, four-b, ten-a, ten-b, thirteen-a, thirteen-b, sixteen, seventeen, eighteen, nineteen and twenty; and that article six-a, chapter forty-nine of said code be amended by adding thereto a new section, designated section nine-a, all to read as follows:
CHAPTER 48. DOMESTIC RELATIONS.

ARTICLE 2A. PREVENTION AND TREATMENT OF DOMESTIC AND FAMILY VIOLENCE.

§48-2A-1. Findings and purposes.
(a) The Legislature of this state finds that:
(1) No one should be a victim of domestic or family violence. Battered persons and other victims All people have a right to be safe in their homes and in their families;
(2) Children are often physically assaulted or witness violence against one of their parents or other family or household members, violence which too often ultimately results in death. These children and may suffer deep and lasting emotional harm from victimization and from exposure to domestic or family violence;
(3) Family Domestic or family violence is a major health and law-enforcement problem in this state with enormous costs to the state in both dollars and human lives. and one that It affects people of all racial and ethnic backgrounds and all socioeconomic classes; and
(4) Family Domestic or family violence can be deterred, prevented or reduced by legal intervention that treats this problem with the seriousness that it deserves.
(b) This article shall be liberally construed and applied to promote the following purposes:
(1) To assure victims of domestic or family violence the maximum protection from abuse that the law can provide;
(2) To create a speedy remedy to discourage violence against family or household members with whom the abuser has continuing contact;
(3) To expand the ability of law-enforcement officers to assist victims, to enforce the domestic or family violence law more effectively, and to prevent further abuse;
(4) To facilitate equal enforcement of criminal law by deterring and punishing violence against family and household members as diligently as violence committed against strangers; and
(5) To recognize that battering is a crime domestic or family violence constitutes serious criminal behavior with potentially tragic results and that it will no longer be excused or tolerated; and
(6) To recognize that the existence of a former or on-going familial or other relationship should not serve to excuse, explain or mitigate acts of violence which are otherwise punishable as crimes under the laws of this state.
§48-2A-2. Definitions.

As used in this article, unless the context clearly requires otherwise:
(a) "Family violence" "domestic violence", "domestic or family violence", or "abuse" means the occurrence of one or more of the following acts between family or household members, as that term is defined in subsection (b) of this section:
(1) Attempting to cause or intentionally, knowingly or recklessly causing physical harm to another with or without dangerous or deadly weapons;
(2) Placing another in reasonable apprehension of physical harm;
(3) Creating fear of physical harm by harassment, psychological abuse or threatening acts;
(4) Committing either sexual assault or sexual abuse as those terms are defined in articles eight-b and eight-d, chapter sixty- one of this code; and
(5) Holding, confining, detaining or abducting another person against that person's will.
(b) "Family or household member" means current or former spouses, persons living as spouses, persons who formerly resided as spouses, parents, children and stepchildren, current or former sexual or intimate partners, persons who are dating or who have dated persons who are presently or in the past have resided or cohabited together or a person with whom the victim has a child in common.
(c) "Program for victims of domestic or family violence" means a licensed program for victims of domestic or family violence and their children, which program provides advocacy, shelter, crisis intervention, social services, counseling, education or training.
(d) "Program of intervention for perpetrators" means a specialized and licensed program that:
(1) Accepts perpetrators of domestic or family violence into educational intervention groups pursuant to a court order; or
(2) Offers educational intervention groups to perpetrators of domestic or family violence.
(e) "Safety plan" means a written or oral outline of actions that may be taken by a victim of family violence to secure protection and support after making an assessment about the degree of danger presented by a situation.
§48-2A-3. Jurisdiction; venue; effect of petitioner's leaving residence; priority of petitions filed under this article; who may file; full faith and credit; process.

(a) Jurisdiction. -- Circuit courts and magistrate courts, as constituted under chapter fifty of this code, shall have concurrent jurisdiction over proceedings under this article.
(b) Venue. -- The action may be heard in the county in which the abuse occurred, or in the county in which the respondent is living or in the county in which the petitioner is living. If the parties are married to each other, the action may also be brought in the county in which an action for divorce between the parties may be brought as provided by section eight, article two of this chapter.
(c) Petitioner's rights. -- The petitioner's right to relief under this article shall is not to be affected by his or her leaving a residence or household to avoid further abuse.
(d) Priority of petitions. -- Any petition filed under the provisions of this article shall be given priority over any other civil action before the court, except actions in which trial is in progress, and shall be docketed immediately upon filing. Any appeal to the circuit court of a magistrate's judgment on a petition for the relief under this article shall be heard within ten working days of the filing of the appeal.
(e) Full faith and credit. -- Any temporary or final protective order issued pursuant to this article shall be is effective throughout the state in every county. Any protective order issued by any other state, territory or possession of the United States, Puerto Rico, the District of Columbia or Indian tribe the court of another state shall be accorded full faith and credit and enforced as if it were an order of this state. if its terms and conditions are substantially similar to those which may be imposed by a court of this state. A court of this state shall enforce all provisions of a foreign order for protection whether or not such relief is available in this state. A protective order from another jurisdiction is presumed to be valid if the order appears authentic on its face. A protective order from another jurisdiction may be enforced even if the order is not entered into the state law enforcement information system described by section twelve of this article.
(f) Service by publication. -- A protective order may be served on the respondent by means of a Class I legal advertisement published notice, with the publication area being the county in which the respondent resides, published in accordance with the provisions of section two, article three, chapter fifty-nine of this code if: (i) The petitioner files an affidavit with the court stating that an attempt at personal service pursuant to rule four of the West Virginia rules of civil procedure has been unsuccessful or evidence is adduced at the hearing for the protective order that the respondent has left the state of West Virginia; and (ii) a copy of the order is mailed by certified or registered mail to the respondent at the respondent's last known residence and returned undelivered.
§48-2A-4. Commencement of proceeding; forms; counterclaim; accompanying persons; counties in which action may be brought.

(a) No person shall is to be refused the right to file a petition under the provisions of this article. No person shall is to be denied relief under the provisions of this article if she or he presents facts sufficient under the provisions of this article for the relief sought.
A petition for a protective order may be filed by:
(1) A person seeking relief under this article for herself or himself or for himself or herself and any person who reported or witnessed family or domestic violence; or
(2) An adult family or household member for the protection of the petitioner or for any family or household member who is a minor child or physically or mentally incapacitated to the extent that he or she cannot file on their his or her own behalf, or
(3) A person who reported or was a witness to family or domestic violence and who has been abused, threatened, harassed or who has been the subject of other actions intended to intimidate the person.
(b) The West Virginia supreme court of appeals shall prescribe forms which are necessary and convenient for proceedings pursuant to this article, and the court shall distribute such forms to the clerk of the circuit court and magistrate court of each county within the state.
(c) The respondent named in any petition alleging abuse may file a counterclaim or raise any affirmative defenses.
(d) No person accompanying a person who is seeking to file a petition under the provisions of this article shall is to be precluded from being present if his or her presence is desired by the person seeking a petition unless the person's behavior is disruptive to the proceeding.
(e) In the event a person who resides, temporarily or permanently, in a county not described in subsection (b), section three of this article desires to file a petition described in subsection (a) of this section, such person may obtain assistance in filing such a petition at a magistrate court within the county of such place of temporary or permanent residence. In such event, a magistrate or the clerk of such magistrate court shall:
(1) Provide to such person such forms and such assistance as may be necessary for the filing of a petition described in subsection (a) of this section;
(2) To the extent possible, contact and obtain from any magistrate court described in subsection (b), section three of this article chosen by the person seeking to file the petition a hearing date for such petition; and
(3) Forward such petition to the magistrate court described in subdivision (2) of this subsection for filing together with any such other papers and documents necessary to file the same.
(f) (e) No fees shall are to be charged for the filing of petitions or other papers, service of petitions or orders, copies of orders, or other costs for services provided by, or associated with, any proceedings under this article until the matter is brought before the court for final resolution.
§48-2A-5. Temporary orders of court; hearings; persons present.

(a) Upon filing of a verified petition under this article, the court may enter such temporary orders as it may deem necessary to protect the petitioner or minor children from abuse and, upon good cause shown, may do so ex parte without the necessity of bond being given by the petitioner. Clear and convincing evidence of immediate and present danger of abuse to the petitioner or minor children shall constitute good cause for purposes of this section. If the respondent is not present at the proceeding, the petitioner or the petitioner's legal representative shall certify to the court, in writing, the efforts which have been made to give notice to the respondent or just cause why notice should not be required. Copies of medical reports or records may be admitted into evidence to the same extent as though the original thereof. The custodian of such records shall not be required to be present to authenticate such records for any proceeding held pursuant to this subsection. Following such proceeding, the court shall order a copy of the petition to be served immediately upon the respondent, together with a copy of any temporary order issued pursuant to the proceedings, notice setting forth the time and place of the full hearing and a statement of the right of the respondent to be present and to be represented by counsel. Copies of any order made under the provisions of this section shall also be issued to the petitioner and any law-enforcement agency having jurisdiction to enforce the order, including the city police, the county sheriff's office and local office of the state police within twenty-four hours of the entry of the order. Such initial protective order shall remain effective until such time as a hearing is held. The order shall be in full force and effect in every county in this state.
(b) Within five days following the issuance of the court's temporary order, a full hearing shall be held at which the petitioner must prove the allegation of abuse or that the petitioner reported or witnessed the domestic violence and has been abused, threatened, harassed or has been the subject of other actions to attempt to intimidate the person by a preponderance of the evidence or such petition shall be dismissed. If the respondent has not been served with notice of the temporary order, the hearing may be continued in order to permit service to be effected. The failure to obtain service upon the respondent does not constitute a basis upon whether the petition may be dismissed. Copies of medical reports may be admitted into evidence to the same extent as though the original thereof, upon proper authentication, by the custodian of such records.
(c) No person requested by a party to be present during a hearing held under the provisions of this article shall be precluded from being present unless such person is to be a witness in the proceeding and a motion for sequestration has been made and such motion has been granted. A person found by the court to be disruptive may be precluded from being present.
(d) If a hearing is continued, the court may make or extend such temporary orders as it deems necessary.
§48-2A-6. Protective orders.

(a) At the conclusion of the hearing and if the petitioner has proven the allegations of abuse by a preponderance of the evidence, or if it is proven that a person who reported or witnessed the domestic violence has been abused, threatened, harassed or has been the subject of other actions to attempt to intimidate the person then the court shall issue a protective order which shall direct directs the respondent to refrain from abusing, harassing, stalking, or threatening the petitioner and/or or the minor children or engaging in other conduct that would place the petitioner or the minor children in reasonable fear of bodily injury, or directs the respondent to refrain from abusing, threatening, harassing or otherwise intimidating a person who reported or witnessed family or domestic violence. The petitioner is not required to adduce evidence and prove the allegations of the petition if the respondent is present and elects not to contest the allegations set forth in the petition. In such case, the court may directly address the issues related to the requested relief.
(b) Where the petitioner was the subject of abuse, the terms of a protective order may include:
(1) Granting possession to the petitioner of the residence or household jointly resided in at the time the abuse occurred;
(2) Providing for either party to obtain personal effects and other items from a location and providing for the safety of the parties while this occurs;
(2) (3) Awarding temporary custody of or establishing temporary visitation rights with regard to minor children;
(3) (4) Establishing terms of temporary visitation with regard to the minor children including, but not limited to, requiring third party supervision of visitations if necessary to protect the petitioner and/or the minor children;
(4) (5) Ordering the noncustodial parent to pay to the custodial parent a sum for temporary support and maintenance of the petitioner and children, if any;
(5) (6) Ordering the respondent to pay to the petitioner a sum for temporary support and maintenance of the petitioner, where appropriate;
(6) (7) Ordering the respondent to refrain from entering the school, business or place of employment of the petitioner or household members or family members for the purpose of violating the protective order;
(7) (8) Directing Ordering the respondent to participate in counseling an educational intervention program with a licensed batterers' intervention prevention program; or
(8) (9) Ordering the respondent to refrain from contacting, telephoning, communicating, harassing or verbally abusing the petitioner in any public place;
(10) Prohibiting the respondent from using or possessing a firearm or other weapon;
(11) Informing the respondent that possession of a firearm while subject to a protective order is a violation of federal law.
(12) Ordering the respondent to reimburse the petitioner or other person for any expenses associated with the domestic or family violence, including, but not limited to, medical expenses, transportation and shelter; and
(13) Ordering the petitioner and respondent to refrain from transferring, conveying, alienating, encumbering, or otherwise dealing with property which could otherwise be subject to the jurisdiction of the court or another court in an action for divorce or support, partition or in any other action affecting their interests in property.
(c) Where the petitioner or other person to be protected reported or was a witness to the family or domestic violence, the terms of a protective order may include:
(1) Ordering the respondent to refrain from contacting, telephoning, communicating, harassing or verbally abusing the petitioner.
(b) (d) Any final protective order shall be for a fixed period of time not to exceed ninety days issued by a magistrate, family law master or circuit judge pursuant to this article or subdivision thirteen, subsection (a), article two of this chapter, is effective for six months except as otherwise provided by subsection (d), section three-a of this article . The court may amend its order at any time upon subsequent petition filed by either party. If the court enters an initial order for a period of less than ninety days, it shall, after notice and hearing, extend its initial order for the full ninety-day period if it finds that the respondent has violated or threatened to violate the order or if there is a preponderance of other evidence to that the petitioner or the minor child or children continue to need protection from abuse. The order shall be is in full force and effect in every county in this state The order shall state that it is in full force and effect in every county in this state and shall so state.
(c) (e) No order under this article shall may in any manner affect title to any real property.
(d) (f) Certified copies of any order made under the provisions of this section shall be issued to the petitioner, the respondent and any law-enforcement agency having jurisdiction to enforce the order, including the city police, the county sheriff's office or local office of the division of public safety state police within twenty-four hours of the entry of the order.
(e) (g) No Mutual protective orders shall be granted are prohibited unless both parties have filed a petition under section four of this article and have proven the allegations of abuse by a preponderance of the evidence.
(h) Any protective order issued by a magistrate, family law master or circuit judge pursuant to this article or subdivision (12), subsection (a), section thirteen, article two of this chapter, shall contain on its face the following statement, printed in bold faced type or in capital letters:
"VIOLATION OF THIS ORDER MAY BE PUNISHED BY CONFINEMENT IN A REGIONAL OR COUNTY JAIL FOR AS LONG AS ONE YEAR AND BY A FINE OF AS MUCH AS TWO THOUSAND DOLLARS"
§48-2A-7a. Conditions of visitation in cases involving domestic or family violence.

(a) A court may not award visitation of a child by a parent who has committed domestic or family violence unless the court finds that adequate provision for the safety of the child and the parent who is a victim of domestic or family violence can be made.
(b) In a visitation order, a court may:
(1) Order an exchange of a child to occur in a protected setting;
(2) Order that supervision be provided by another person or agency;
(3) Order the perpetrator of domestic or family violence to attend and complete, to the satisfaction of the court, a program of intervention for perpetrators at a licensed batterers' program as a condition of the visitation;
(4) In a case where the court makes a finding that consumption of alcohol or use of controlled substances by the perpetrator of domestic or family violence was a contributing cause of the domestic or family violence, order the perpetrator to abstain from consumption of alcohol or use of controlled substances during the visitation and for the twelve hours that precede the visitation;
(5) Order the perpetrator of domestic or family violence to pay the costs of supervised visitation, if any;
(6) Prohibit overnight visitation;
(7) Impose any other condition that the court considers necessary to provide for the safety of the child, the victim of domestic or family violence, or any other family or household member.
(c) Regardless of whether visitation is allowed, the court may order that the address of the child and the victim be kept confidential.
(d) If a court allows a family or household member to supervise visitation, the court shall establish conditions to be followed during visitation.
§48-2A-10. Filing of orders with law-enforcement agency.
Upon entry of an order pursuant to section five or six of this article, or an order entered pursuant to section thirteen, article two of this chapter granting relief provided for by this article, a copy of such the order shall, no later than the close of the next business day, be transmitted by the court or the clerk of the court to a local office of the city police, the county sheriff and the West Virginia division of public safety state police, where it shall be placed in a confidential file, with access provided only to the law-enforcement agency and the respondent named on said the order. A sworn affidavit may be executed by the a party who has been awarded exclusive possession of the residence or household, pursuant to an order entered under subsection (b), section six of this article, and which shall be delivered to such law-enforcement agency agencies simultaneously with any such order, giving his or her consent for a law-enforcement officer to enter such the residence or household, without a warrant, to enforce such the protective order or temporary order. Orders shall be promptly served upon the respondent. Failure to serve a protective order shall does not stay the effect of a valid order if the respondent has actual notice of the existence and contents of the order.
§48-2A-10a. Civil contempt; violation of protective orders; order to show cause.

(a) Any person authorized to file a petition under the provisions of section four of this article party to a protective order or a legal guardian or guardian ad litem may file a petition for civil contempt alleging a violation of an order issued pursuant to the provisions of this article. Such petition shall be filed in a court in the county in which the violation occurred or the county in which the order was issued.
(b) When a petition for an order to show cause is filed, a hearing on the petition shall be held within five days from the filing of the petition. Any order to show cause which is issued shall be served upon the respondent.
(c) Upon a finding of contempt, the court may order the respondent to comply with specific provisions of the protective order and post a bond as surety for faithful compliance with such order.
§48-2A-12. Registration of order.

(a) The department of public safety West Virginia state police shall maintain a registry in which it shall enter certified copies of orders entered by courts from other counties every county in this state pursuant to the provisions of this article, or from other states pursuant to their laws: Provided, That the provisions of this section shall not become are not effective until such time as a central automated record system is developed.
(b) A petitioner who obtains a protective order under pursuant to this article, or a protective order from another state pursuant to its law, may register that order in any county within this state where the petitioner believes enforcement may be necessary.
(c) A protective order may be registered by the petitioner in a county other than the issuing county by obtaining a certified copy of the order of the issuing court, certified by the clerk of that court, and presenting that certified order to the local office of the state police where the order is to be registered.
(d) Upon receipt of a certified order for registration, the local office of the state police shall provide certified copies to any law-enforcement agency within its jurisdiction, including the city police and the county sheriff's office.
(e) Nothing in this section shall preclude precludes the enforcement of an order in a county jurisdiction other than the county jurisdiction in which the order was issued if the petitioner has not registered the order in the county jurisdiction in which the an alleged violation of the order occurred occurs.
§48-2A-14. Arrest in domestic violence matters; conditions.

(a) Notwithstanding any provision of this code to the contrary, where if a family or household member person is alleged to have committed a violation of the provisions of subsection (a) or (b), section twenty-eight, article two, chapter sixty-one of this code against another a family or household member, in addition to any other authority to arrest granted by this code, a law-enforcement officer has authority to arrest the alleged perpetrator for said offense when that person without first obtaining a warrant if:
(1) The law-enforcement officer has observed credible corroborative evidence that the an offense has occurred; and either:
(2) The law-enforcement officer has received, from the victim or a witness, a verbal an oral or written allegation of facts constituting a violation of section twenty-eight, article two, chapter sixty-one of this code; or
(3) The law-enforcement officer has observed credible evidence that the accused committed the offense.
(b) For purposes of this section, credible corroborative evidence means evidence that is worthy of belief and corresponds with to the allegations of one or more elements of the offense and may include, but is not limited to, the following: conditions
(1) Condition of the alleged victim. -- One or more contusions, scratches, cuts, abrasions, or swellings; missing hair; torn clothing or clothing in disarray consistent with a struggle; observable difficulty in breathing or breathlessness consistent with the effects of choking or a body blow; observable difficulty in movement consistent with the effects of a body blow or other unlawful physical contact.
(2) Condition of the accused. -- Physical injury or other conditions similar to those set out for the condition of the victim which are consistent with the alleged offense or alleged acts of self-defense by the victim.
(3) Condition of the scene. -- Damaged premises or furnishings; disarray or misplaced objects consistent with the effects of a struggle.
(4) Other conditions. -- Statements by the accused admitting one or more elements of the offense; threats made by the accused in the presence of an officer; audible evidence of a disturbance heard by the dispatcher or other agent receiving the request for police assistance; written statements by witnesses.
(c) Whenever any person is arrested pursuant to subsection (a) of this section, the arrested person shall be taken before a magistrate within the county in which the offense charged is alleged to have been committed in a manner consistent with the provisions of Rule 1 of the Administrative Rules for the Magistrate Courts of West Virginia.
(d) Where If an arrest for a violation of subsection (c), section twenty-eight, article two, chapter sixty-one of this code is authorized pursuant to this section, such shall constitute that fact constitutes prima facie evidence that the person arrested accused constitutes a threat or danger to the victim or other family or household members for the purpose of setting conditions of bail pursuant to section seventeen-c, article one-c, chapter sixty-two of this code.
(e) Whenever any person is arrested pursuant to the provisions of this article or subdivision (12), subsection (a), section thirteen, article two of this chapter, the arresting officer:
(1) Shall seize all weapons that are alleged to have been involved or threatened to be used in the commission of a crime; and
(2) May seize a weapon that is in plain view of the officer or was discovered pursuant to a consensual search, as necessary for the protection of the officer or other persons.
ARTICLE 2C. DOMESTIC VIOLENCE ACT.

§48-2C-2. Definitions.

As used in this article, unless the context clearly requires otherwise:
(a) "Board" means the family protection services board created pursuant to section three of this article;
(b) "Department" means the department of health and human services resources or any successor agency however so named;
(c) "Shelter" or "Family Protection Shelter" means a family licensed domestic violence shelter created for the purpose of receiving, on a temporary basis, persons who are victims of domestic violence, abuse or rape as well as the children of such victims;
(d) "Commissioner" shall mean means the commissioner of the department of health and human services resources; and
(e) "Family protection program" or "program" means a licensed domestic violence program offered by a locally controlled organization primarily for the purpose of providing services to victims of domestic or family violence or abuse and their children.
§48-2C-3. Family protection services board; members; purposes.

(a) There is hereby created a family protection services board The board shall to consist of five persons. The governor, with the advice and consent of the Senate, shall appoint three members of the board. One such member shall be a director of a shelter. One member shall be a member of a major trade association which represents shelters across the state. The final gubernatorial appointee shall be a member of the public. The other two members shall be the commissioner of the department of health and human resources, or his or her designee, and the chairman chair of the governor's committee on crime, delinquency and correction or his or her designee.
(b) The terms of the three members appointed by the governor shall be staggered terms of three years. In the case of the initial appointments, the director of the shelter shall serve a one-year term, and the representative of the trade association shall serve a two-year term and the appointed member of the public shall serve a three-year term.
(c) In the event that a member of the board shall cease ceases to be qualified for appointment, then such his or her appointment shall terminate.
§48-2C-4a. Establishment of local councils authorized.

(a) A local government, a county or a combination thereof may establish an advisory council on domestic or family violence.
(b) The purpose of a local advisory council is to increase the awareness and understanding of domestic or family violence and its consequences and to reduce the incidence of domestic or family violence within the locality by:
(1) Promoting effective strategies of intervention for identification of the existence of domestic or family violence and intervention by public and private agencies serving persons who are victims of domestic or family violence;
(2) Providing for public education;
(3) Facilitating communication among public and private agencies that provide programs to assist victims and programs of intervention for perpetrators;
(4) Providing assistance to public and private agencies and providers of services to develop statewide procedures and community and staff education, including procedures to review fatalities; and
(5) Developing a comprehensive plan of data collection concerning domestic or family violence for courts, prosecutors, law-enforcement officers, health care practitioners and other local agencies in a manner that protects the identity of victims of domestic or family violence.
§48-2C-4b. State public health plan for reducing domestic or family violence.

(a) The bureau for public health of the department of health and human resources, in consultation with the family protection services board, shall:
(1) Assess the impact of domestic or family violence on public health; and
(2) Write a state public health plan for reducing the incidence of domestic or family violence in this state.
(b) The state public health plan shall:
(1) Include, but not be limited to, public education, including the use of the various communication media to set forth the public health perspective on domestic or family violence;
(2) Be developed in consultation with public and private agencies that provide programs for victims of domestic or family violence, advocates for victims, the West Virginia coalition against domestic violence and persons who have demonstrated expertise and experience in providing health care to victims of domestic or family violence and their children; and
(3) Be completed on or before the first day of January, two thousand.
(c) The bureau for public health of the department of health and human resources shall:
(1) Transmit a copy of the state public health plan to the governor and the Legislature; and
(2) Review and update the state public health plan annually.
§48-2C-10. Referral to shelters by officers; notice of victims' rights, remedies and available services; required information.

(a) Where shelters are available, any the law-enforcement officer or any other public authority investigating an alleged incident of domestic or family violence shall advise the victim of such abuse of the availability of the family protection shelter to which such that person may be admitted.
§48-2C-10a. Referral to shelters by law enforcement officers; notice of victims' rights, remedies and available services; required information.

(a) The bureau for public health shall make available to health care facilities and practitioners a written form notice of the rights of victims and the remedies and services available to victims of domestic or family violence.
(b) A health care practitioner whose patient has injuries or conditions consistent with domestic violence shall provide to the patient, and every health care facility shall make available to all patients, a written form notice of the rights of victims and the remedies and services available to victims of domestic or family violence.
§48-2C-10b. Hospitals required to provide certain information to parents.

Hospitals shall provide information concerning domestic or family violence to parents of newborn infants and to parents of hospitalized minors. The information shall include, but not be limited to, the effect of domestic or family violence on children and available services for the prevention and treatment of domestic or family violence.
§48-2C-13a. Standards, procedures and curricula.
(a) The bureau for public health shall publish model standards for health care facilities, practitioners and personnel in the facilities including specialized procedures and curricula concerning domestic or family violence.
(b) The procedures and curricula shall be developed in consultation with public and private agencies that provide programs for victims of domestic or family violence, advocates for victims, the West Virginia coalition against domestic violence and personnel who have demonstrated expertise and experience in providing health care to victims of domestic or family violence and their children.
§48-2C-13b. Regulation of intervention programs for perpetrators; required provisions; duties of providers.

(a) The family protection services board shall propose legislative rules for programs of intervention for perpetrators of domestic or family violence. These rules shall be proposed for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code. These rules shall be developed in consultation with public and private agencies that provide programs for victims of domestic or family violence and programs of intervention for perpetrators, with advocates for victims and with persons who have demonstrated expertise and experience in providing services to victims and perpetrators of domestic or family violence and their children. If a program of intervention for perpetrators receives funds from the state or is licensed by the state, the board shall review the program's compliance with the rules promulgated pursuant to this subsection.
(b) The rules for perpetrator intervention programs shall include:
(1) Standards of compliance for licensing batterers' intervention prevention programs;
(2) Criteria concerning a perpetrator's appropriateness for the program;
(3) Systems for communication and evaluation among the referring court, the public and private agencies that provide programs for victims of domestic or family violence and the programs of intervention for perpetrators; and
(4) Required qualifications concerning education, training and experience for providers of intervention programs.
(c) The standards shall be based upon and incorporate the following principles:
(1) The focus of a program is to end the acts of violence and ensure the safety of the victim and any children or other family or household members;
(2) Domestic or family violence constitutes behavior for which the perpetrator is accountable; and
(3) Although alcohol and substance abuse often exacerbate domestic or family violence, it is a separate problem which requires specialized intervention.
(d) Providers of perpetrator intervention programs:
(1) Shall require participants to sign the following releases:
(A) Allowing the provider to inform the victim and the victim's advocates that the perpetrator is participating in a batterers' intervention prevention program with the provider and to provide information to the victim and the victim's advocates, if necessary, for the victim's safety;
(B) Allowing prior and current treating agencies to provide information about the perpetrator to the provider; and
(C) Allowing the provider for good cause to provide information about the perpetrator to relevant legal entities, including, without limitation, courts, parole officers, probation officers and child protective services.
(2) Shall report to the court, if the participation was court ordered, and to the victim, if the victim requests and provides a method of notification, any assault, failure to comply with program requirements, failure to attend the program and threat of harm by the perpetrator.
(3) Shall report to the victim all threats of harm without the participant's authorization.
(4) May report to the victim failure to attend without the participant's authorization.
§48-2C-16. Continuing education for certain state employees.

(a) Within the limit of funds available for the purpose of providing or requiring continuing education for child protective services workers, adult protective services workers, social services workers, family support workers and workers in the child support enforcement division, the department of health and human resources shall provide or require continuing education concerning domestic or family violence.
(b) The courses or requirements shall be prepared and presented in consultation with public and private agencies that provide programs for victims of domestic and family violence or programs of intervention for perpetrators, advocates for victims, the family violence coordinating council, the West Virginia coalition against domestic violence and the family protection services board.
§48-2C-17. Continuing education for law-enforcement officers concerning domestic or family violence.

(a) As a part of the initial law enforcement officer training required before a person may be employed as a law enforcement officer pursuant to article twenty-nine, chapter thirty of this code, all law enforcement officers shall receive training concerning domestic or family violence. Within the limit of funds available for the purpose of providing or requiring continuing education for law enforcement officers as a part of any continuing education required by that article or that law enforcement officers otherwise receive, law enforcement officers shall receive training concerning domestic or family violence.
(b) The course of instruction and the objectives in learning and performance for the education of law-enforcement officers required pursuant to this section shall be developed and presented in consultation with public and private providers of programs for victims of domestic or family violence and programs of intervention for perpetrators, persons who have demonstrated expertise in training and education concerning domestic or family violence and the West Virginia coalition against domestic violence.
§8-2C-18. Judicial education on domestic or family violence.

(a) As a part of existing training for court personnel, the supreme court of appeals, within the limit of funds available for such purpose, shall develop and present courses of continuing education concerning domestic or family violence for magistrates assistants, and juvenile and adult probation officers.
(b) The course of instruction shall be prepared and may be presented in consultation with public and private agencies that provide programs for victims of domestic or family violence and programs of intervention for perpetrators, advocates for victims, persons who have demonstrated expertise in training and education concerning domestic or family violence, the family violence coordinating council, the West Virginia coalition against domestic violence and the family protection services board.
§48-2C-19. Required curricula for public education system.
(a) Within the limit of funds available for selecting and developing curricula as required by law, the state department of education shall select or develop:
(1) Curricula that are appropriate for various ages for pupils concerning the dynamics of violence, prevention of violence, including domestic or family violence; and
(2) Curricula for school counselors, health-care personnel, administrators and teachers concerning domestic or family violence.
(b) The curricula shall be selected or developed by the state board of education in consultation with public and private agencies that provide programs for conflict resolution, violence prevention, victims of domestic or family violence and programs of intervention for perpetrators of domestic or family violence, advocates for victims; the family violence coordinating council of West Virginia coalition against domestic violence, persons who have demonstrated expertise and experience in education and domestic or family violence and the family protection services board.
§48-2C-20. Continuing education for school personnel who are required to report child abuse and neglect.

(a) Within the limit of funds available for such purpose, as a part of existing continuing education programs that the state department of education provides or requires for employees who are required by law to report child abuse or neglect, the department shall provide or require courses of continuing education concerning domestic or family violence.
(b) The courses or requirements shall be prepared and presented in consultation with public and private agencies that provide programs for victims of domestic or family violence, persons who have demonstrated expertise in education and domestic or family violence, advocates for victims, the West Virginia coalition against domestic violence and the family protection services board.
CHAPTER 49. CHILD WELFARE.

ARTICLE 6A. REPORTS OF CHILDREN SUSPECTED TO BE ABUSED OR NEGLECTED.

§49-6A-9a. Additional duties of child protective services.

(a) The department of health and human resources shall develop written procedures for screening each referral for abuse or neglect of a child to assess whether abuse of another family or household member is also occurring. The assessment shall include, but not be limited to:
(1) Inquiry concerning the criminal record of the parents, and the alleged abusive or neglectful person and the alleged perpetrator of domestic or family violence, if not a parent of the child; and
(2) Inquiry concerning the existence of orders for protection issued to either parent.
(b) If it is determined in an investigation of abuse or neglect of a child:
(1) That the child or another family or household member is in danger of domestic or family violence and that removal of one of the parties is necessary to prevent the abuse or neglect of the child, the department shall seek the removal pursuant to this article of the alleged perpetrator of domestic or family violence whenever possible.
(2) That a parent of the child is a victim of domestic or family violence, information and referrals for services must be offered to the victimized parent and this action may not be made contingent upon a finding that either parent is at fault or has failed to protect the child.

NOTE: The principal purpose of this bill is to conform West Virginia's law on prevention and resolution of domestic violence more closely to the "Model Code on Domestic or Family Violence". The Model Code was developed by the National Council of Juvenile and Family Court Judges. Some additional changes were made to conform existing code with the federal Violence Against Women Act to make federal enforcement more clearly available.

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

§§48-2A-7b; §§48-2C-4a, 4b, 10a, 10b, 13a, 13b, 16, 17, 18, 19 and 20; and §49-6A-9a are new; therefore, underscoring has been omitted.