H. B. 4434
(By Delegates Amores, Mahan, Craig,
Faircloth, Pino and Schadler)
[Introduced February 12, 2004; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §49-6-1 of the code of West Virginia,
1931, as amended, relating to expanding the possible venues
where a child neglect or abuse petition may be filed.
Be it enacted by the Legislature of West Virginia:
That §49-6-1 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. PROCEDURE IN CASES OF CHILD NEGLECT OR 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 the child, custodial respondent or other named
party resides, or in which the abuse or neglect occurred, or to the
judge of such the 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 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 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.