ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 24
(Senators Hunter, Minear, Redd, Kessler, Mitchell and Rowe, original
sponsors)
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[Passed April 13, 2001; in effect ninety days from passage.]
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AN ACT to amend article twenty-six, chapter forty-eight of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto seven new sections, designated
sections one thousand one, one thousand two, one thousand
three, one thousand four, one thousand five, one thousand six,
and one thousand seven, all relating to establishing
children's centers for the monitoring of custodial
responsibility; providing exclusions; requiring promulgation
of rules; setting standards for centers; requiring
certification; requiring contracts for use of centers;
authorizing evaluations of centers; authorizing suspension or
revocation of certifications; permitting representations upon
certification; prohibiting false representation of
certification and providing penalties; and allowing courts to order use of centers and to require payment of fees.
Be it enacted by the Legislature of West Virginia:
That article twenty-six, chapter forty-eight of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto seven new sections, designated sections
one thousand one, one thousand two, one thousand three, one
thousand four, one thousand five, one thousand six and one thousand
seven, all to read as follows:
ARTICLE 26. DOMESTIC VIOLENCE ACT.
PART 10. CHILDREN'S CENTERS FOR THE MONITORING OF CUSTODIAL
RESPONSIBILITY.
§48-26-1001.
Legislative findings.
The Legislature finds that increasing numbers of children are
living with one parent and that many of these children have been
exposed to violence in the home. The Legislature further finds
that it is sometimes in the best interests of children that the
exercise of
custodial responsibility, including the exchange of
children,
be monitored in order to observe and record the exercise
of
custodial responsibility
and to discourage or prevent
inappropriate conduct. For these reasons, the Legislature declares
that a program be implemented to foster safe and neutral centers to
monitor
custodial responsibility, including the exchange of
children,
through the certification of children's centers for the monitoring of custodial responsibility.
§48-26-1002. Exclusions.
The provisions of this part do not apply to therapeutic
visitation exchanges or any activity conducted by the state or
others in abuse and neglect proceedings pursuant to articles six
and six-a, chapter forty-nine of this code in which assessment,
evaluation, formulation of a treatment plan, case management,
counseling, therapy or similar activities occur.
§48-26-1003. Rules.
(a) The board shall propose rules in accordance with the
provisions of article three, chapter twenty-nine-a of this code to
implement the provisions of this part. The board shall consult
with judges, magistrates, law-enforcement officers, licensed
batterers intervention programs, the family law committee of the
West Virginia state bar, licensed domestic violence programs, trade
organizations of licensed domestic violence programs and other
individuals and organizations it considers appropriate.
(b) At a minimum, the rules are to include:
(1) Requirements for the physical facilities in which centers
operate, including accommodations for persons with disabilities;
(2) Requirements for the qualification and training of
individuals monitoring custodial responsibility, including the
exchange of children;
(3) Requirements for qualifications and training of persons
authorized to evaluate centers for compliance with the requirements
of this part and rules promulgated pursuant to this section;
(4) The period of certification; and
(5) Allowable fees for use of the centers.
§48-26-1004. Contract by persons using center.
Every center shall require that the parents or other
caretakers sign a written contract prior to using the center and
that the use of the services provided by the center can be
terminated by the center for violation of the contract.
§48-26-1005. Certification of children's centers for the
monitoring of custodial responsibility; revocation or
suspension of certification.
(a) The board shall accept applications for certification and
grant or deny the applications in an expeditious manner.
(b) The board may direct an evaluation to be made of a center
that has applied for certification or has been certified to
determine the center's ability to monitor custodial responsibility,
including the exchange of children, and the center's compliance
with the provisions of this article, rules promulgated pursuant to
this article and other law. The evaluation may be done by the
appointed members of the board, by designees of the board or by
peer evaluation by persons employed at other certified centers.
(c) The board may suspend or revoke certification of a center
if the board finds that the center has ceased to comply with the
provisions of this article, rules promulgated pursuant to this
article or other law.
§48-26-1006. Representations regarding certification;
misrepresentations; penalties.
(a) Centers that have been certified may represent that they
are certified for monitored custodial responsibility, including the
exchange of children.
(b) No person may represent to the public that a center is
certified unless the center has been certified in accordance with
the provisions of this article. Any person violating the
provisions of this subsection is guilty of a misdemeanor and, upon
conviction thereof, shall be fined no more than five hundred
dollars.
§48-26-1007. Court orders; use of centers without court order.
(a) Judges and magistrates may, as a condition of custody,
order persons to apply to a certified center for the monitoring of
custodial responsibility, including the exchange of children, and
to comply with the terms and conditions of those services. A
certified center may not be required to perform duties which are
beyond the center's capacity or scope of services.
(b) Judges and magistrates may require a person to pay a reasonable amount based on ability to pay and other relevant
criteria for any fee charged by a center.
(c) Certified centers may monitor custodial responsibility or
provide other services to persons who are not ordered to seek the
services of the center when the adult parties agree to the use of
the center.