H. B. 2583
(By Delegates Compton, Givens and Leach)
[Introduced February 2, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend article one, 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
five, relating to limiting judicial imposition to require
acceptance of children by child welfare agencies in excess
of the facility's licensed capacity.
Be it enacted by the Legislature of West Virginia:
That article one, 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 five,
to read as follows:
ARTICLE 1. PURPOSES; DEFINITIONS.
§49-1-5. Purposes; definitions.
Before any child may be directed for placement in a
particular facility or for services of a child welfare agency
licensed by the department, the court shall make inquiry into the
bed space of the facility available to accommodate additional
children and the ability of the child welfare agency to meet the
particular needs of the child. No court may order the placement
of a child in a particular facility if the child welfare agency
has reached its licensed capacity for that facility. Further,
the child welfare agency is not required to accept placement of
a child at a particular facility if the facility remains at
licensed capacity or is unable to meet the particular needs of
the child. A child welfare agency is not required to make
special dispensation or accommodation, reorganize existing child
placement, or initiate early release of children in placement to
reduce actual capacity at the facility.
NOTE: The purpose of this bill is to prevent the issuance
of contempt orders for the refusal of a child welfare agency to
accept placement of a child when the facility has reached its
licensed capacity to accept children.
Section five is new; therefore, strike-throughs and
underscoring have been omitted.