§55-7-18. Limiting liability of home care service providers,
daycare centers and residential care facilities
disclosing certain employment information.
When a residential care facility required to be registered,
licensed or certified under the laws of the state, a licensed day
care center, or an agency providing services in the home to
children or incapacitated adults is asked to provide an employment
reference with respect to a named individual who provided services
to children or incapacitated adults for compensation, no person
shall be liable for disclosing information related to the named
individual's employment history, including a subjective assessment
of whether the named individual is suited to provide services to
children or incapacitated adults, unless it is alleged and proven
that the information disclosed was false and disclosed with
knowledge that the information was false.
Note: WV Code updated with legislation passed through the 2012 1st Special Session