CHAPTER 49. CHILD WELFARE.
ARTICLE 2D. HOME-BASED FAMILY PRESERVATION ACT.
§49-2D-1. Findings and purpose.
The Legislature finds that there exists a need in this state
to assist dysfunctional families by providing nurture and care to
such families' children as an alternative to removing children from
The Legislature also finds that the family is the primary
social institution responsible for meeting the needs of children
and that the state has an obligation to assist families in this
The Legislature further finds that children have significant
emotional and social ties to the natural or surrogate family beyond
basic care and nurture for which the family is responsible.
The purpose of this article is to establish a pilot program to
evaluate the utility of providing intensive intervention with the
families of children that are at risk of being removed from the
home. For these limited purposes, the department is authorized to
use available appropriate funds for such intervention service, but
only to the extent that such moneys would normally be available for
the removal and placement of the particular child at risk.
As used in this article, the following terms have the meanings
(a) "Dysfunctional family" means a parent or parents or an
adult or adults and a child or children living together and
functioning in an impaired or abnormal manner so as to cause
substantial physical or emotional danger, injury or harm to one or
more children thereof regardless of whether such children are
natural offspring, adopted children, step children or unrelated
children to such parents.
(b) "Home-based family preservation services" means services
dispensed by the department of human services or by another person,
association or group who has contracted with the department of
human services to dispense such services when such services are
intended to stabilize and maintain the natural or surrogate family
in order to prevent the placement of children in substitute care.
There are two types of home-based family preservation services and
they are as follows:
(1) Intensive, short term intervention of four to six weeks;
(2) Home-based, longer term after care following intensive
§49-2D-3. Hearing required to determine "reasonable efforts."
A hearing by a circuit court of competent jurisdiction is
required to determine whether or not "reasonable efforts" have been
made to stabilize and maintain the family situation before any
child may be placed outside the home: Provided,
That in the event
any child appears in imminent danger of serious bodily or emotional
injury or death in any home, a post-removal hearing shall be
substituted for the pre-removal hearing.
§49-2D-4. When family preservation services required.
Home-based family preservation services are required in all
cases where the removal of a child or children is seriously being
considered, whether from a natural home or a surrogate home,
wherein a child or children have lived for a substantial period of
That such services are not required when the child
appears in imminent danger of serious bodily or serious emotional
§49-2D-5. Caseload limits for home-based preservation services.
For purposes of this article, no contractor employee of the
department of human services may exceed three families during any
period of time when such contractor employee is engaged in
providing intensive, short term home-based family preservation
intervention. In addition, no caseload may exceed six families
during any period of time when home-based aftercare is provided
pursuant to this article.
When providing either type of home-based family preservation
services to any family, the department of human services or
contractor shall provide trained personnel who shall be available
during nonworking hours to assist families on an emergency basis.
§49-2D-6. Situational criteria requiring service.
Services required by this article shall be made available to
any dysfunctional family in which there exists an imminent risk of
placement of at least one child outside the home as the result of
abuse, neglect, dependency or delinquency or any emotional and
Payment for contractual services shall be on a cost per family
basis. Any renewal of any such contract shall be based on
§49-2D-7. Service delivery through service contracts;
Services required by this article which are not practically
deliverable directly from the department of human services may be
subcontracted to professionally qualified private individuals,
associations, agencies, corporations, partnerships or groups. The
service provider shall be required to submit monthly activity
reports as to any services rendered to the department of human
services. Such activity reports shall include project evaluation
in relation to individual families being served as well as
statistical data concerning families that are referred for services
which are not served due to unavailability of resources. Costs of
program evaluation are an allowable cost consideration in any
service contract negotiated in accordance with this article. The
department shall conduct a thorough investigation of the
contractors utilized by the department pursuant to this article.
The department shall further include the results of this
investigation in its report to the Legislature required by section
nine of this article.
§49-2D-8. Provision of special services.
Costs of providing special services to families receiving
regular services in accordance with this article are allowable to
the extent such goods and services are justified pursuant to
carrying out the purposes of this article. Such special services
may include, but are not limited to, homemaker assistance, food,
clothing, educational materials, respite care and recreational or
§49-2D-9. Development of home-based family preservation services.
The department is authorized to use appropriate state,
federal, and/or private funds within its budget for the provision
of family preservation and reunification services. Appropriated
state funding made available through capture of additional federal
funds shall be utilized to provide family preservation and
reunification services as described in this article. Costs of
providing home-based services described in this article shall not
exceed the costs of out-of-home care which would be incurred
otherwise. Notwithstanding the other provisions of this article to
the contrary, it is the intent of this legislation to permit the
department to establish a pilot program in FY90 to serve 200
families. The department is vested with discretion to select
target populations using geographical or other criteria it deems
The department shall report back to the Legislature by the
thirty-first day of December, one thousand nine hundred ninety, on
the feasibility of using funds currently earmarked for the
placement of children for the intervention and what additional
amounts may be needed to fully implement this article.
Note: WV Code updated with legislation passed through the 2012 1st Special Session