H. B. 4371


(By Delegates Compton, Hatfield,

Brown and Boggs)

[Introduced February 4, 2002; referred to the

Committee on Government Organization then Finance.]




A BILL to amend chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article six-f, relating to the establishment of the citizen review panel to review the procedures of child protective services.

Be it enacted by the Legislature of West Virginia:
That chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article six-f, be amended and reenacted to read as follows:
ARTICLE 6F. CITIZEN REVIEW PANEL.
 § 49-6F-1. Short Title.
The state citizen review panel is hereby established which shall be a multi-disciplinary panel to examine the policies, procedures and where appropriate, specific cases handles by child protective services.
 § 49-6F-2. Purpose.
(a) The purpose of this citizen review panel is to determine whether child protective services is effectively discharging its' child protection responsibilities.
(b) The panel shall be used as a forum to assess, evaluate and effect policies and procedures and encourage community involvement in child protection.
 § 49-6F-3. Membership.
(a) The secretary of the department of health and human resources shall appoint a citizen review panel to make recommendations to the secretary, governor and to the appropriate committees of the Legislature concerning specific issues relating to child abuse and neglect.
(b) The secretary shall solicit nominations for the appointment of members to the citizen review panel from appropriate professional organizations and the membership committee of the existing panel.
(c) In establishing the panel under subsection (a) of this section, the secretary shall appoint members who are broadly representative of the state and shall include individuals with expertise in the prevention and treatment of child abuse and neglect and with consideration to representation of ethnic or racial minorities and diverse geographic areas, and who represent: (1) Child protective services; (2) foster care; (3) child fatality review team; (4) child advocates; (5) law enforcement; (6) court appointed special advocates (CASA); (7) attorneys representing children; (8) parents; (9) consumers; (10) medicine; (11) prosecuting attorneys; (12) youth; (13) domestic violence advocates; and (14) social service providers.
(d) Any vacancy in the membership of the board shall be filled in the same manner in which the original appointment was made.
(e) The panel shall elect a chairperson and vice-chairperson at its first meeting from the members of the panel.
(f) Each member of the panel shall serve without additional compensation, but may be reimbursed for expenses incurred in the discharge of their duties.
 § 49-6F-4. Duties.
The panel shall: (1) Examine the policies and procedures of state and local child protection services and where appropriate, specific cases; (2) evaluate the extent to which the agencies are effectively discharging their child protection responsibilities in accordance with: (A) The state Child Abuse Prevention and Treatment Act; (B) the state's assurances of compliance with the Child's Treatment Act Plan; (C) the extent of the agency's coordination with the foster care and adoption programs established under part E of title IV of the Social Security Act; and (D) any other criteria that the panel considers important to ensure the protection of children; (3) review child fatalities and near fatalities; (4) when appropriate, prepare and make available recommendations on subsections (1), (2) and (3) of this section to the secretary, governor, the Legislature and other appropriate entities, on an annual basis, a report containing a summary of the activities of the panel; and (5) meet not less than once every three months.
 § 49-6F-5. State assistance.
The department of health and human resources shall:
(a) Provide the panel access to information on cases that the panel desires to review if such information is necessary for the panel to carry out its functions; and
(b) Provide the panel, upon its request, staff assistance for the performance of the duties of the panel.
 § 49-6F-6. Confidentiality.
(a) The proceedings and records of the citizen review panel shall be confidential and privileged and shall not be subject to subpoena or discovery proceedings or be admitted as evidence in any civil action arising out of the matters which are subject to evaluation and review by such organization, and no person who was in attendance at a meeting of the panel shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings of such organization, or as to any findings, recommendations, evaluations, opinions or other actions of the panel or of any members thereof: Provided, That information, documents or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil action merely because they were presented during proceedings of such organization, nor should any person who presents information before the panel or is a member of the panel be prevented from testifying as to matters within his or her knowledge, but the witness shall not be asked about his or her presentation before the panel or opinions formed by him or her as a result of said panel meetings.
(b) The members and staff of a panel shall not: (1) Disclose to any person or government official any identifying information about any specific child protection case with respect to which the panel is provided information; and (2) make public any other information unless authorized by state statute.
(c) All information provided to the panel pursuant to its duty to review child protection cases shall either be destroyed following the review or shall be returned to the individual or agency providing the information.
 § 49-6F-7. Immunity from liability.
Notwithstanding any other provision of law, no person providing information to the panel shall be held, by reason of having provided such information, to be civilly liable under any law, unless: (1) Such information is unrelated to the performance of the duties and functions of the panel, or such information is false and the person providing the information knew or should have known that the information was false; or (2) a review panel member or staff who, in the absence of malice and gross negligence, acts upon information provided to the panel, shall be immune from liability for loss or injury to any person whose activities are
being reviewed.



NOTE: The purpose of this bill is to establish a citizen review panel to review the procedures and actions of child protective services.

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