ENROLLED

H. B. 3018


(By Delegates Beane, G. White, Paxton,

Mezzatesta and Stalnaker)

[Passed March 6, 2003; in effect ninety days from passage.]




AN ACT to amend and reenact section five, article six-a, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to changing the amount of time that department of health and human resources must retain child protective services' records from six years to thirty years.

Be it enacted by the Legislature of West Virginia:
That section five, article six-a, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 6A. REPORTS OF CHILDREN SUSPECTED TO BE ABUSED OR NEGLECTED.
§49-6A-5. Reporting procedures.

Reports of child abuse and neglect pursuant to this article shall be made immediately by telephone to the local state department child protective service agency and shall be followed by a written report within forty-eight hours if so requested by the receiving agency. The state department shall establish and maintain a twenty-four hour, seven-day-a-week telephone number to receive such calls reporting suspected or known child abuse or neglect.
A copy of any report of serious physical abuse, sexual abuse or assault shall be forwarded by the department to the appropriate law-enforcement agency, the prosecuting attorney or the coroner or medical examiner's office. All reports under this article shall be confidential and unless there are pending proceedings with regard thereto shall be destroyed thirty years following their preparation. Reports of known or suspected institutional child abuse or neglect shall be made and received as all other reports made pursuant to this article.