|Date Requested:February 01, 2012
Time Requested:03:14 PM
| FUND(S) |
Sources of Revenue
Legislation creates:A New Program
Effect this measure will have on costs and revenues of state government.
| This bill is requested by the Supreme Court of Appeal’s Court Improvement Program Oversight Board. It is a product of several months of studying the child welfare system in West Virginia. This legislation has been designed to promote the safety, well-being and timely permanency of children in child abuse and neglect, family court and/or juvenile cases. This bill also makes necessary amendments to the West Virginia Code for compliance with federal law or consistency with the West Virginia Rules of Procedure for Child Abuse and Neglect Proceedings or the Rules of Juvenile Procedure.
This bill defines “court appointed special advocate program” and outlines the standards for the program. It requires judges to provide in the court order the reasons why a child is being placed out-of-state as opposed to in-state. The bill clarifies the multidisciplinary treatment planning process for everyone and establishes a process specific to child abuse and neglect cases as well as status offenders and delinquents. The bill also requires attorneys appointed in child abuse and neglect cases to have eight hours of training annually. This bill provides that reasonable efforts to preserve the family is not required when the person is required by law to register as a sex offender. It also provides when a dispositional order may be modified. The bill clarifies that the circuit court has exclusive jurisdiction over child abuse and neglect matters. The bill provides a process for permanency hearings and permanent placement reviews. The bill authorizes family court to order a child be taken into emergency custody under certain circumstances. The bill also provides guidelines for unified child and family case plans and requires quarterly status review hearings and yearly permanency hearings for transitioning adults.
This bill does not have any fiscal impact on the Supreme Court of Appeals.
|Effect of Proposal||Fiscal Year|
|1. Estmated Total Cost||0||0||0|
|Repairs and Alterations||0||0||0|
|2. Estimated Total Revenues||0||0||0|
3. Explanation of above estimates (including long-range effect):
|This bill only provides procedural changes to current law regarding cases involving child abuse and neglect, status offenders, or juvenile delinquents; therefore, it does not have any fiscal impact on the Supreme Court of Appeals.|