(a) In any case in which a multidisciplinary treatment team develops an individualized service plan for a child or family pursuant to the provisions of this article, the court shall review the proposed service plan to determine if implementation of the plan is in the child's best interests. If the multidisciplinary team cannot agree on a plan or if the court determines not to adopt the team's recommendations, it shall, upon motion or sua sponte, schedule and hold within ten days of such determination, and prior to the entry of an order placing the child in the custody of the department or in an out-of-home setting, a hearing to consider evidence from the team as to its rationale for the proposed service plan. If, after a hearing held pursuant to the provisions of this section, the court does not adopt the teams's recommended service plan, it shall make specific written findings as to why the team's recommended service plan was not adopted.
(b) In any case in which the court decides to order the child placed in an out-of-state facility or program it shall set forth in the order directing the placement the reasons why the child was not placed in an in-state facility or program.
(c) Any member of the multidisciplinary treatment team who
disagrees with recommendations of the team may inform the court of
his or her own recommendations and objections to the team's
recommendations. The recommendations and objections of the
dissenting team member may be made in a hearing on the record, made in writing and served upon each team member and filed with the
court and indicated in the case plan, or both made in writing and
indicated in the case plan. Upon receiving objections, the court
will conduct a hearing pursuant to paragraph (a) of this section.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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