ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 2418


(By Delegates Givens, Douglas, Fleischauer, Mezzatesta and Trump)


[Passed March 19, 2001; in effect ninety days from passage.]


AN ACT to amend and reenact section nine, article six-a, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to child abuse and neglect; authorizing the division of child protective services to issue administrative subpoenas in order to locate certain children; providing for service; and invoking judicial aid to compel compliance therewith.

Be it enacted by the Legislature of West Virginia:
That section nine, article six-a, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 6A. REPORTS OF CHILDREN SUSPECTED TO BE ABUSED OR NEGLECTED.

§49-6A-9. Establishment of child protective services; general duties and powers; cooperation of other state agencies.

(a) The state department shall establish or designate in every county a local child protective services office to perform the duties and functions set forth in this article.
(b) The local child protective service shall investigate all reports of child abuse or neglect: Provided, That under no circumstances shall investigating personnel be relatives of the accused, the child or the families involved. In accordance with the local plan for child protective services, it shall provide protective services to prevent further abuse or neglect of children and provide for or arrange for and coordinate and monitor the provision of those services necessary to ensure the safety of children. The local child protective service shall be organized to maximize the continuity of responsibility, care and service of individual workers for individual children and families: Provided, however, That under no circumstances may the secretary or his or her designee promulgate rules or establish any policy which restricts the scope or types of alleged abuse or neglect of minor children which are to be investigated or the provision of appropriate and available services.
Each local child protective service office shall:
(1) Receive or arrange for the receipt of all reports of children known or suspected to be abused or neglected on a twenty-four hour, seven-day-a-week basis and cross-file all such reports under the names of the children, the family, any person substantiated as being an abuser or neglected by investigation of the department of health and human resources, with use of such cross-filing of such person's name limited to the internal use of the department;
(2) Provide or arrange for emergency children's services to be available at all times;
(3) Upon notification of suspected child abuse or neglect, commence or cause to be commenced a thorough investigation of the report and the child's environment. As a part of this response, within fourteen days, there shall be: A face-to-face interview with the child or children, and the development of a protection plan, if necessary for the safety or health of the child, which may involve law-enforcement officers or the court;
(4) Respond immediately to all allegations of imminent danger to the physical well-being of the child or of serious physical abuse. As a part of this response, within seventy-two hours, there shall be: A face-to-face interview with the child or children; and the development of a protection plan which may involve law-enforcement officers or the court; and
(5) In addition to any other requirements imposed by this section, when any matter regarding child custody is pending, the circuit court or family law master may refer allegations of child abuse and neglect to the local child protective service for investigation of the allegations as defined by this chapter and require the local child protective service to submit a written report of the investigation to the referring circuit court or family law master within the time frames set forth by the circuit court or family law master.
(c) In those cases in which the local child protective service determines that the best interests of the child require court action, the local child protective service shall initiate the appropriate legal proceeding.
(d) The local child protective service shall be responsible for providing, directing or coordinating the appropriate and timely delivery of services to any child suspected or known to be abused or neglected, including services to the child's family and those responsible for the child's care.
(e) To carry out the purposes of this article, all departments, boards, bureaus and other agencies of the state or any of its political subdivisions and all agencies providing services under the local child protective service plan shall, upon request, provide to the local child protective service such assistance and information as will enable it to fulfill its responsibilities.
(f)(1) In order to obtain information regarding the location of a child who is the subject of an allegation of abuse or neglect, the secretary of the department of health and human resources may serve, by certified mail or personal service, an administrative subpoena on any person, corporation, partnership, business or organization, for an appearance by the person served or for the production of information leading to the location of such child.
(2) In case of disobedience to the subpoena, in compelling the personal appearance of any person so served or the production of documents and things, the secretary may invoke the aid of (A) the circuit court with jurisdiction over the served party, if the person served is a resident, or (B) the circuit court of the county in which the local child protective services office conducting the investigation is located, if the person served is a non-resident.
(3) A circuit court shall not enforce an administrative subpoena unless it finds that (A) the investigation is one the division of child protective services is authorized to make, and is being conducted pursuant to a legitimate purpose, (B) the inquiry is relevant to that purpose, (C) the inquiry is not too broad or indefinite, (D) the information sought is not already in the possession of the division of child protective services, and (E) any administrative steps required by law have been followed.