ENROLLED
H. B. 4558
(By Delegates Givens, Douglas, Fleischauer,
Mezzatesta, Staton, Facemyer and Trump)
[Passed March 12, 1998; in effect July 1, 1998.]
AN ACT to repeal chapter one hundred eighty-five of the Acts of
the Legislature, one thousand nine hundred fifty-five; and
to amend and reenact section four, article five-e, chapter
forty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, all relating to the Kanawha
home for children; transferring all responsibility for the
home to the division of juvenile services within the
department of military affairs and public safety;
authorizing the division of juvenile services to enter into
a lease agreement with the county commission of the county
of Kanawha for the home; providing for the home to be
operated, managed and maintained as a secure
predispositional detention facility for certain juveniles
under the control of the division of juvenile services; and
providing for an effective date.
Be it enacted by the Legislature of West Virginia:
That chapter one hundred eighty-five of the Acts of the West
Virginia Legislature, one thousand nine hundred fifty-five, be
repealed; and that section four, article five-e, chapter forty-nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, all to read as
follows:
ARTICLE 5E. DIVISION OF JUVENILE SERVICES.
§49-5E-4. Transfer of Kanawha home for children to the division of juvenile services.
(a) "Kanawha home for children" means the county home for
the detention of juvenile delinquents or children charged with
delinquency as established by the county commission of Kanawha
County pursuant to the provisions of a local bill, House Bill No.
141, enacted by the Legislature on the fourteenth day of
February, one thousand nine hundred fifty-five, as set forth in
the Acts of the West Virginia Legislature, Regular Session, 1955,
ch. 185.
(b) After the effective date of the amendment to this
section, enacted during the regular session of the Legislature,
one thousand nine hundred ninety-eight, the division of juvenile
services shall assume all responsibility for funding, operating,
maintaining, administering and managing the Kanawha home for
children. To this end, the director of the division of juvenile
services may enter into a lease agreement with the Kanawha county
commission, for the premises and all improvements, appurtenances,
equipment and furnishings on the premises constituting the
Kanawha home for children, and may operate, manage and maintain
the facility as one of the several centers under the supervision
and control of the division which provide secure predispositional
detention of juveniles, including juveniles who have been transferred to adult criminal jurisdiction under section ten,
article five of this chapter and juveniles who are awaiting
transfer to a juvenile corrections facility.