Senate Bill No. 472
(By Senator Rowe)
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[Introduced February 6, 2004; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §49-6-6 of the code of West Virginia,
1931, as amended, relating to modification of child neglect or
abuse dispositional orders.
Be it enacted by the Legislature of West Virginia:
That §49-6-6 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.
§49-6-6. Modification of dispositional orders.
Upon motion of a child, a child's parent or custodian or the
state department alleging a change of circumstances requiring a
different disposition, the court shall conduct a hearing pursuant
to section two of this article and may modify a dispositional
order: Provided, That a dispositional order pursuant to
subdivision (6), subsection (a) of section five of this article
shall may not be modified after the child has been adopted if the
period for appeal has expired. Adequate and timely notice of any
motion for modification shall be given to the child's counsel, counsel for the child's parent or custodian and to the state
department.
NOTE: The purpose of this bill is to edify the intent of Rule
46 of the West Virginia Rules of Procedure for Child Abuse and
Neglect into statute which limits the time in which a party may
appeal a dispositional order to the time period for appeal as
opposed to the time that the adoption is consummated.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.