A BILL to amend and reenact section six, article five, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section twelve, article five, chapter forty-nine of said code; to amend and reenact section ten, article six of said chapter; and to amend and reenact section twenty-six, article seven of said chapter, all relating to clarifying the relationship and duties of prosecuting attorneys in matters representing the department of health and human services in juvenile proceedings; and child abuse and neglect proceedings.

ARTICLE 5. MISCELLANEOUS PROVISIONS.

§9-5-6. Attorney general to render legal services to commissioner; prosecuting attorney to render assistance.

ARTICLE 5. JUVENILE PROCEEDINGS.

§49-5-12. Prosecuting attorney to represent petitioner.

The prosecuting attorney shall represent the petitioner in all proceedings under this article before the court, referee or magistrate having juvenile jurisdiction.

(a) It shall be the duty of every prosecuting attorney to fully and promptly cooperate with persons seeking to apply for relief under the provisions of this article and to assist such person in obtaining such relief when the prosecuting attorney finds that such relief is consistent with the constitutions and statutes of this state and the United States, the interests of justice, and with the best interests of the child. This section shall not be construed to require the prosecuting attorney to adopt the position on an issue in controversy of any party, agency or person to which he or she provides legal services.
(b) The prosecuting attorney may appear in any action brought pursuant to the provisions of this article acting on behalf of the state of West Virginia and shall perform all duties with regard to the action as are required by the provisions of chapter seven, article four of this code.

ARTICLE 6. PROCEDURE IN CASES OF CHILD NEGLECT OR ABUSE.

§49-6-10. Duties of the prosecuting attorney.

It shall be the duty of every prosecuting attorney to fully and promptly cooperate with persons seeking to apply for relief under the provisions of this article in all cases of suspected child abuse and neglect, to promptly prepare applications and petitions for relief requested by such persons, to investigate reported cases of suspected child abuse and neglect for possible criminal activity and to report at least annually to the grand jury regarding the discharge of his or her duties with respect thereto.

(a) It shall be the duty of every prosecuting attorney to fully and promptly cooperate with persons seeking to apply for relief under the provisions of this article and to assist such persons in obtaining such relief when the prosecuting attorney finds that such relief is consistent with the constitutions and statutes of this state and the United States, the interests of justice and with the best interests of the child. This section shall not be construed to require the prosecuting attorney to adopt the position on an issue in controversy of any party, agency or person to which he or she provides legal services.
(b) The prosecuting attorney may appear in any action brought pursuant to the provisions of this article acting on behalf of the state of West Virginia and shall perform all duties with regard to the action as are required by the provisions of chapter seven, article four of this code.

ARTICLE 7. GENERAL PROVISIONS.

§49-7-26. Duty of prosecuting attorney.

The prosecuting attorney shall render to the state department of welfare, without additional compensation, such legal services as the department may require. This section shall not be construed to prohibit the department from developing plans for cooperation with courts, prosecuting attorneys, and other law- enforcement officials in such a manner as to permit the state and its citizens to obtain maximum fiscal benefits under federal laws, rules and regulations.

(a) It shall be the duty of every prosecuting attorney to fully and promptly cooperate with persons seeking to apply for relief under the provisions of this chapter and to assist such persons in obtaining such relief when the prosecuting attorney finds that such relief is consistent with the constitutions and statutes of this state and the United States, the interests of justice and with the best interests of the child. This section shall not be construed to require the prosecuting attorney to adopt the position on an issue in controversy of any party, agency or person to which he or she provides legal services.
(b) The prosecuting attorney may appear in any action brought pursuant to the provisions of this chapter acting on behalf of the state of West Virginia and shall perform all duties with regard to the action as are required by the provisions of chapter seven, article four of this code.