A BILL to amend and reenact section eight, article six-a, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to reports of children suspected to be abused or neglected; failure to report; intentional false report; concealing of relevant exculpatory information; and civil and criminal penalties.

ARTICLE 6A. REPORTS OF CHILDREN SUSPECTED TO BE ABUSED OR NEGLECTED.

§49-6A-8. Failure to report; malicious and bad faith allegations and allegations known to be false or made in reckless disregard of relevant facts; penalties.

(b) Any person, official or institution knowingly and intentionally making a false report that a child is neglected or abused or has suffered serious physical abuse, sexual abuse or sexual assault is exempt from the immunity from civil liability granted by section six of this article. A cause of action for damages proximately caused by such a bad faith report of abuse or neglect may be maintained by a child or by the child's parent, guardian or custodian for recovery of actual damages incurred, including, but not limited to, costs of litigation.
(c) Any person or official knowingly and intentionally making a false assertion or statement of fact alleging that an individual has committed child abuse, child neglect, child sexual abuse, or child sexual assault is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for a period not to exceed one year or fined not more than one thousand dollars, or both confined and fined. A cause of action for treble damages proximately caused by such a knowingly and intentionally false allegation may be maintained by a child or by the child's parent, guardian or custodian for recovery of actual damages incurred, including, but not limited to, costs of litigation.
(d) Any person or official, while making a report of child abuse, child neglect, child sexual abuse or child sexual assault to a medical provider, state department worker, prosecuting attorney or circuit court, who intentionally conceals or intentionally fails to disclose relevant exculpatory information known to the reporter at the time of the making of the report is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for a period not to exceed one year or fined not more than one thousand dollars, or both confined and fined. A cause of action for treble damages proximately caused by such knowing and intentional concealment or failure to disclose exculpatory information may be maintained by a child or by the child's parent, guardian or custodian for recovery of actual damages incurred, including, but not limited to, costs of litigation.
(e) Any individual with knowledge of facts tending to prove a criminal violation of this section shall, upon application to the circuit court of the county in which the violation occurred, be afforded the opportunity to appear before the grand jury to provide information relevant to the violation.