WVC 49 - 6 - 10 A
§49-6-10a. Dispute resolution.
(a) Whenever, pursuant to the provisions of this article, a
prosecuting attorney acts as counsel for the department of health
and human resources and a dispute arises between the prosecuting
attorney and the department's representative because an action
proposed by the other is believed to place the child at imminent
risk of abuse or serious neglect, either the prosecuting attorney
or the department's representative may contact the secretary of the
department and the executive director of the West Virginia
prosecuting attorneys institute for prompt mediation and
resolution. The secretary may designate either his or her general
counsel or the director of social services to act as his or her
designee and the executive director may designate an objective
prosecuting attorney as his or her designee.
(b) Nothing in this code shall be construed to limit the
authority of a prosecuting attorney to file an abuse or neglect
petition, including the duties and responsibilities owed to its
client the department of health and human resources, in his or her
fulfillment of the provisions of chapter forty-nine, article six of
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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