H. B. 2585


(By Mr. Speaker, Mr. Kiss (By Request))

[Introduced February 28, 2001 ; referred to the

Committee on Government Organization then the Judiciary.]





A BILL to amend chapter forty-eight-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-a, relating to creating within the department of military affairs and public safety the child support scrutiny task force to scrutinize actions of the child support enforcement division of the department of health and human resources.

Be it enacted by the Legislature of West Virginia:

That chapter forty-eight-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article two-a, to read as follows:

ARTICLE 2A. CHILD SUPPORT SCRUTINY TASK FORCE.

§48A-2A-1. Child support scrutiny task force.

(a) Effective the first day of July, two thousand one, there is created within the department of military affairs and public safety the child support scrutiny task force. The task force consists of five members to be appointed by the governor with the advise and consent of the Senate, from a list of ten nominees submitted by the speaker of the House of Delegates. At least one of the members must be a person knowledgeable in the area of child support arrears.

(b) Members serve for terms of five years, except of the members first appointed one serves for a term expiring on the thirtieth day of June, two thousand four, and two serve for terms expiring on the thirtieth day of June, two thousand five. Members may be reappointed to serve any number of terms. Members of the task force may not be engaged in any other employment. Each member may receive a salary, the amount of which shall be determined by the governor.

§48A-2A-2. Responsibilities of task force.

The task force:

(1) Shall review all pending cases and cases closed less than five years, including, but not limited to, child support, paternity and relinquishment and termination of parental rights, in the child
support enforcement division of the department of health and human resources to determine if adjustments are warranted;
(2) Shall in the course of any review, contact all parties involved, by mail, and advise them that they may submit any evidence they have;

(3) Shall provide updated data on the cases reviewed to all parties;

(4) May, if after its review it determines actions are warranted through court action, prepare the necessary documents to initiate the action;

(5) May attend any hearings related to or resulting from its findings;

(6) Shall review the performance of all the caseworkers within the child support enforcement division;

(7) May meet with appropriate child support enforcement division personnel to discuss task force findings involving cases, caseworker's performance and other areas which need action to better serve the division's clients;

(8) May make recommendations to appropriate child support enforcement division or department of health and human resources personnel that specified employees should be placed on probation,
suspended or dismissed due to unreasonable conduct;
(9) Shall meet with the governor and the governor's staff to discuss its findings with regard to the division;

(10) Shall assist attorneys representing the division when its review determines legal action, either civil or criminal, should be pursued;

(11) Shall maintain Saturday office hours;

(12) May conduct unannounced visits to any child support enforcement division office to assess performance;

(13) Shall provide assistance as requested by any court;

(14) Shall remain unbiased;

(15) Shall be furnished access to all child support enforcement division records upon request;

(16) May meet with or provide educational sessions for judges and family law masters concerning issues related to support arrears;

(17) Shall comply with all federal and state laws;

(18) May employ sufficient civil service exempt staff to meet its responsibilities under this article, including legal staff;

(19) Shall maintain a balance within its staff of custodial and noncustodial parents; and

(20) Shall provide a procedure to allow members of the public to contact it with problems they are experiencing regarding child support, child custody, determination of paternity or relinquishment or termination of parental rights.

§48A-2A-3. Retention of records.

Every court and family law master shall, in any case involving child support, child custody, determination of paternity or relinquishment or termination of parental rights maintain all records, including transcripts and any recording from which a transcript is prepared, for at least five years from final action in the case.





NOTE: The purpose of this bill is to create within the Department of Military Affairs and Public Safety the Child Support Scrutiny Task Force to scrutinize actions of the Child Support Enforcement Division of the Department of Health and Human Resources.

This article is new; therefore, strike-throughs and underscoring have been omitted.