H. B. 2997
(By Delegate Mahan)
[Introduced February 13, 2003
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section one, article six, chapter
forty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to expanding the
possible venues where a child neglect or abuse petition can be
filed.
Be it enacted by the Legislature of West Virginia:
That section one, article six, chapter forty-nine of the code
of West Virginia, as amended, be amended and reenacted to read as
follows:
ARTICLE 6. PROCEDURE IN CASES OF CHILD NEGLECT OF ABUSE.
§49-6-1. Petition to court when child believed neglected or
abused; notice
.
(a) If the department or a reputable person believes that a child is neglected or abused, the department or the person may
present a petition setting forth the facts to the circuit court in
the county in which wherein the child normally resides, wherein the
alleged abuse or neglect occurred, wherein the custodial respondent
resides, wherein any other named party resides
or to the judge of
such court in vacation. The petition shall be verified by the oath
of some credible person having knowledge of the facts. The
petition shall allege specific conduct including time and place,
how such the conduct comes within the statutory definition of
neglect or abuse with references thereto, any supportive services
provided by the department to remedy the alleged circumstances and
the relief sought. Upon filing of the petition, the court shall
set a time and place for a hearing and shall appoint counsel for
the child. When there is an order for temporary custody pursuant
to section three of this article, such the
hearing shall be held
within thirty days of such the
order, unless a continuance for a
reasonable time is granted to a date certain, for good cause shown.
(b) The petition and notice of the hearing shall be served
upon both parents and any other custodian, giving to such the
parents or custodian at least ten days' notice. Notice shall also
be given to the department, any foster or preadoptive parent, and any relative providing care for the child. In cases wherein
personal service within West Virginia cannot be obtained after due
diligence upon any parent or other custodian, a copy of the
petition and notice of the hearing shall be mailed to such the
person by certified mail, addressee only, return receipt requested,
to the last known address of such person. If said the person signs
the certificate, service shall be complete and said the certificate
shall be filed as proof of said the service with the clerk of the
circuit court. If service cannot be obtained by personal service
or by certified mail, notice shall be by publication as a Class II
legal advertisement in compliance with the provisions of article
three, chapter fifty-nine of this code. A notice of hearing shall
specify the time and place of the hearing, the right to counsel of
the child and parents or other custodians at every stage of the
proceedings and the fact that such the
proceedings can result in
the permanent termination of the parental rights. Failure to
object to defects in the petition and notice shall not be construed
as a waiver.
(c) At the time of the institution of any proceeding under
this article, the department shall provide supportive services in
an effort to remedy circumstances detrimental to a child.
Note: The purpose of this bill is to incorporate language
contained in Rule 4a of the West Virginia Rules of Procedure for
Abuse and Neglect into current statute by expanding the possible
venues where an abuse or neglect petition can be filed.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.