H. B. 4598
(By Delegates Mahan, Amores and Palumbo)
[Introduced
February 24, 2004
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §49-1-5 of the code of West Virginia,
1931, as amended, relating to restricting courts from
requiring
conditions on the out-of-home placement of children
inconsistent with existing licensing regulations.
Be it enacted by the Legislature of West Virginia:
That §49-1-5 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. PURPOSES; DEFINITIONS.
§49-1-5. Limitation on out-of-home placement.
Before any child may be directed for placement in a particular
facility or for services of a child welfare agency licensed by the
department, a court shall make inquiry into the bed space of the
facility available to accommodate additional children and the
ability of the child welfare agency to meet the particular needs of
the child. A court shall not order the placement of a child in a
particular facility if it has reached its licensed capacity or order conditions on the placement of the child that concern,
interfere, affect or conflict with acceptable standards of care or
existing licensing regulations, including but not limited to, rules
governing the use of restraint techniques, promulgated pursuant to
article two-b of this chapter and articles one-a, nine and
seventeen of chapter twenty-seven. Further, a child welfare agency
is not required to accept placement of a child at a particular
facility if the facility remains at licensed capacity or is unable
to meet the particular needs of the child. A child welfare agency
is not required to make special dispensation or accommodation,
reorganize existing child placement, or initiate early release of
children in placement to reduce actual occupancy at the facility.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.