H. B. 2053


(By Delegates Fleischauer, Doyle, Pettit, Laird and Rowe)
[Introduced January 13, 1999; 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 occurs and the exchange or visitation is observed; and
(4) That for further good cause it is in the best interest of the children of this state that the department of health and human resources 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 supervised visitation programs in the state as are advisable.
(c) The supervised visitation programs may be operated by the state or may be implemented by contracting with either nonprofit or for profit agencies or awarding grants to nonprofit agencies.
(d) The department shall assure that all programs operated by the state or programs receiving 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 the 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.