H. B. 2298
(By Delegates Cowles, Stowers and Sobonya)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §49-7-26 of the Code of West Virginia,
1931, as amended, relating to the responsibilities of
prosecuting attorneys when representing the Department of
Health and Human Resources.
Be it enacted by the Legislature of West Virginia:
That §49-7-26 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. GENERAL PROVISIONS.
§49-7-26. Duty of prosecuting attorney.
The prosecuting attorney shall render to the
of welfare Health and Human Resources, without additional
compensation, such legal services as the department may require.
This section shall not be construed to does not prohibit the
department from developing plans for cooperation with courts, prosecuting attorneys, and other law-enforcement officials in such
a manner as to permit the state and its citizens to obtain maximum
fiscal benefits under federal laws, rules and regulations. The
prosecuting attorney maintains all individual authority and
responsibility enjoyed by every other attorney-client relationship.
Prosecuting attorneys have the right and responsibility to
represent the public interest in protecting abused and neglected
children when their position conflicts with that of the department.
NOTE: The purpose of this bill is to add language to the West
Virginia Code to provide guidance for prosecuting attorneys in
cases involving abused and neglected children.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would