H. B. 4609
(By Delegate Fleischauer, Leach, Laird, Pettit, Warner,
Michael and Doyle)
[Introduced February 27, 1998; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend article two-b, chapter forty-nine of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
eighteen, relating to requiring the department of health and
human resources to publish model supervised visitation
program standards; implementing three pilot visitation
projects and implementing further programs within the limits
of available funds.
Be it enacted by the Legislature of West Virginia:
That article two-b, chapter forty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
eighteen, to read as follows:
ARTICLE 2B. DUTIES OF COMMISSIONER OF HUMAN RESOURCES FOR CHILD
WELFARE.
§49-2B-18. Establishing of pilot supervised visitation programs;
implementing further supervised visitation
programs; publishing model standards for supervised visitation
programs.
(a) The Legislature finds:
(1) That there are increasing numbers of children whose
parents no longer live together, who are in the physical or legal
custody of one parent and who have visitation with the other
parent or are in shared custody arrangements where physical
custody is shared and must be exchanged;
(2) That in many of these cases there has been domestic
violence between the parents, and the exchange of children for
visitation can be an opportunity for intimidation or further
inappropriate behaviors between parents, all in the presence of
children;
(3) For these reasons it is often in the best interest of the
children for the visitation or the exchange of children for
visitation to be supervised in order to assure that nothing
inappropriate can occur and the exchange or visitation can be
observed; and
(4) That for other good cause it is in the best interest of
the children of this state that the department of health and
human resources should recommend standards, establish pilot
supervised visitation programs, and within the limits of available funds establish further supervised visitation programs.
(b) The department of health and human resources shall plan
and provide three pilot supervised visitation programs in the
state of West Virginia. Thereafter, within the limits of
available funds, the department shall provide such supervised
visitation programs in the state as are advisable.
(c) The supervised visitation programs may be run by the state
or may be implemented by contracting with nonprofit or for profit
agencies or awarding grants to nonprofit agencies.
(d) The department shall assure that all programs it runs or
which receive state funds pursuant to this section are in
compliance with the model supervised visitation program standards
promulgated pursuant to this section and shall require proof that
they are in compliance with all other requirements of law.
(e) The programs may charge for their resources on a sliding
scale based on ability to pay or on the basis of any order
entered by a family law master, magistrate or judge in a
particular case.
(f) General liability insurance coverage for supervised
visitation programs and related activities shall be provided by
the operators of the programs and such coverage may be provided
to nonprofit corporations receiving funds pursuant to this
section by the board of risk and insurance management pursuant to
subsection (b), section five, article twelve, chapter twenty-nine of this code.
(g) The department shall publish model standards for
supervised visitation programs including standards of the
operation of the facility, the conduct of visitation, the
exchange of children for visitation, the education of the staff
regarding domestic violence and relevant law and court
procedures. The standards shall be developed in consultation
with public and private agencies that provide programs for
victims of domestic or family violence and other agencies,
officials and entities with experience or expertise in
visitation, domestic violence, abuse and neglect.
NOTE: The purpose of this bill is to require the department
of health and human resources to publish model supervised
visitation programs, implement three pilot projects and implement
further programs within the limits of available funds.
This section is new; therefore, strike-throughs and
underscoring have been omitted.