HOUSE CONCURRENT RESOLUTION NO. 97

(By Delegate DeLong)




Requesting the Joint Committee on Government and Finance study and promulgate legislative rules to maintain and enforce a West Virginia central abuse registry in accordance with West Virginia code §15-2C-1.

Whereas, The criminal identification bureau of the West Virginia state police is entrusted to serve, protect and investigate claims of abuse, neglect or misappropriation of property by an individual performing services for compensation in a residential care facility, licensed day care center or in connection with providing behavioral health care services or home care services; and
Whereas, There presently exists no legislative rules or enforcement of West Virginia code §15-2C-1 (a central abuse registry) that identifies persons convicted of abuse, neglect or misappropriation of property, making it possible for those persons to remain employed in a residential care facility or a licensed day care center or employed in providing behavioral health services or home care services; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to study the establishment of legislative rules to enforce and maintain a West Virginia central abuse registry in accordance with West Virginia code §15-2C-1, containing the names of those persons employed in a residential care facility or a licensed day care center or employed in providing behavioral health services or home care services that have been convicted of abuse, neglect or misappropriation of property against a child or an incapacitated adult; and, be it
Further Resolved, That the Joint Committee on Government and Finance consult with the Department of Health and Human Resources, the West Virginia state police and Mountain State Centers for Independent Living to implement this program; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.