COMMITTEE SUBSTITUTE

FOR

H. B. 4011

(By Delegates Mahan, Doyle, Ennis, Houston, Leach,

Perdue, Stephens, Varner, Ashley, Howard and Trump)


(Originating in the Committee on Government Organization)
[January 18, 2006]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-9, relating to the creation of a special unit within the state police specializing in child abuse and neglect investigations.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended, by adding thereto a new section, designated §15-2-9, to read as follows:
 §15-2-9.State Police Child Abuse and Neglect Investigations Unit.
(a) The superintendent shall establish a special unit of the State Police, called the Child Abuse and Neglect Investigations Unit, the sole purpose of which is to focus on identifying, investigating and prosecuting criminal child abuse and neglect cases, in coordination with Child Protective Services, established pursuant to section nine, article six-a, chapter forty-nine of the code. The unit shall assist other state police members and state law enforcement officers with child abuse or neglect investigations as well as the Division of Child Protective Services, but nothing in this section may be construed to mean that the unit will assume the duties or investigations of other state police members or other law enforcement officers.
(b) The unit will comprise, at a minimum, six members of the State Police. The superintendent shall assign a unit director, and shall assign five members regionally, to be dedicated and trained to assist county Child Protective Services Offices and caseworkers in investigating and coordinating with other law enforcement personnel, cases of suspected child abuse or neglect. Cases to be investigated include allegations received pursuant to section two, article six-a, chapter forty-nine of this code, and any other credible child abuse or neglect allegations.
(c) The unit director's duties include:
(1) Overseeing State Police members assigned to the unit;
(2) Coordinating activities of the unit with Child Protection Services;
(3) Assisting Child Protective Services in developing and refining protocols for improving identification and prosecution of suspected criminal acts of child abuse or neglect; and
(4) Assuring that all other directives and responsibilities of the Unit are fulfilled.
(d) The Unit shall maintain a statewide child abuse and neglect statistical index of all substantiated allegations of child abuse or neglect cases reported and any child abuse and neglect criminal charges, to enable the unit to monitor the timely and proper investigation and disposition of child abuse or neglect cases. The index is to include information contained in the reports required under article six-a, chapter forty-nine of this chapter, and any other information considered appropriate by the unit director, but may not contain information of a specific nature that would identify individual cases or persons.
(e) On or before the thirty-first day of December of each year, the unit director shall submit an annual report to the Joint Committee on Government and Finance. The annual report must include the statistical index required under the provisions of subsection (d) of this section, and may include recommendations for statutory or program reforms that will assist the unit and further promote the goals of the unit. The report may not contain information of a specific nature that would identify individual cases or persons.
(f) Every state law enforcement agency of the state shall periodically provide statistical information regarding child abuse and neglect cases investigated and prosecuted by that law enforcement agency to the unit.
(g) The superintendent may promulgate legislative or procedural rules to effectuate the provisions of this section.
(h) There is hereby established a special account in the State Treasury, into which shall be deposited any gifts, grants or donations made to the unit, and any other funds directed to be deposited into the account by appropriation of the Legislature, and to be expended for the purposes of this section pursuant to appropriation of the Legislature.