H. B. 4452
(By Delegate Webb)
[Introduced February 16, 1998; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section one, article seven, chapter
forty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to providing that
family law masters may have access to records and
information concerning a child or juvenile which are
maintained by a state department, agency, court or law- enforcement agency.
Be it enacted by the Legislature of West Virginia:
That section one, article seven, 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 7. GENERAL PROVISIONS.
§49-7-1. Confidentiality of records.
(a) Except as otherwise provided in this chapter, all
records and information concerning a child or juvenile which are maintained by a state department, agency, court or law- enforcement agency shall be kept confidential and shall not be
released or disclosed to anyone, including any federal or state
agency: Provided, That in any divorce proceeding in which issues
involving child custody or child visitation exist the family law
master shall be afforded access to any such records involving the
minor child or juvenile whose custody or visitation is being
considered.
(b) Notwithstanding the provisions of subsection (a) of this
section or any other provision of this code to the contrary,
records concerning a child or juvenile, except adoption records,
juvenile court records and records related to child abuse or
neglect proceedings shall be made available:
(1) Where otherwise authorized by this chapter;
(2) To the child, parent, family law master considering
issues of custody or visitation of the child, or the attorney of
the child or parent;
(3) With the written consent of the child or of someone
authorized to act on the child's behalf; or
(4) Pursuant to a subpoena or order of a court of record;
however, a subpoena for such records may be quashed by a court
for good cause.
(c) Records related to child abuse or neglect proceedings
shall be made available for inspection only by the child, his or her parents or custodian, the child's counsel and other parties
to the proceeding.
(d) Except in juvenile proceedings which are transferred to
criminal proceedings, law-enforcement records and files
concerning a child or juvenile shall be kept separate from
the records and files of adults and not included within the
court files. Law-enforcement records and files concerning a child
or juvenile shall only be open to inspection pursuant to the
provisions of sections seventeen and eighteen, article five of
this chapter.
(e) Any person who willfully violates the provisions of this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not more than one thousand dollars, or confined in
the county or regional jail for not more than six months, or be
both fined and confined. A person convicted of violating the
provisions of this section shall also be liable for damages in
the amount of three hundred dollars or actual damages, whichever
is greater.
NOTE: The purpose of this bill is to provide that family
law masters may have access to records and information concerning
a child or juvenile which are maintained by a state department,
agency, court or law-enforcement agency.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.