Committee Substitute
House Bill 4011 History
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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE
FOR
H. B. 4011
(By Delegates Mahan, Doyle, Ennis, Houston, Leach,
Perdue, Stephens, Varner, Ashley, Howard and Trump)
(Originating in the Committee on Government Organization)
[January 18, 2006]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §15-2-9, relating to
the creation of a special unit within the state police
specializing in child abuse and neglect investigations.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended,
by adding thereto a new section, designated §15-2-9, to read as
follows:
§15-2-9.State Police Child Abuse and Neglect Investigations Unit.
(a) The superintendent shall establish a special unit of the
State Police, called the Child Abuse and Neglect Investigations
Unit, the sole purpose of which is to focus on identifying,
investigating and prosecuting criminal child abuse and neglect
cases, in coordination with Child Protective Services, established
pursuant to section nine, article six-a, chapter forty-nine of the
code.
The unit shall assist other state police members and state law enforcement officers with child abuse or neglect investigations
as well as the Division of Child Protective Services, but nothing
in this section may be construed to mean that the unit will assume
the duties or investigations of other state police members or other
law enforcement officers.
(b) The unit will comprise, at a minimum, six members of the
State Police. The superintendent shall assign a unit director, and
shall assign five members regionally, to be dedicated and trained
to assist county Child Protective Services Offices and caseworkers
in investigating and coordinating with other law enforcement
personnel, cases of suspected child abuse or neglect. Cases to be
investigated include allegations received pursuant to section two,
article six-a, chapter forty-nine of this code, and any other
credible child abuse or neglect allegations.
(c) The unit director's duties include:
(1) Overseeing State Police members assigned to the unit;
(2) Coordinating activities of the unit with Child Protection
Services;
(3) Assisting Child Protective Services in developing and
refining protocols for improving identification and prosecution of
suspected criminal acts of child abuse or neglect; and
(4) Assuring that all other directives and responsibilities of
the Unit are fulfilled.
(d) The Unit shall maintain a statewide child abuse and neglect statistical index of all substantiated allegations of child
abuse or neglect cases reported and any child abuse and neglect
criminal charges, to enable the unit to monitor the timely and
proper investigation and disposition of child abuse or neglect
cases. The index is to include information contained in the
reports required under article six-a, chapter forty-nine of this
chapter, and any other information considered appropriate by the
unit director, but may not contain information of a specific nature
that would identify individual cases or persons.
(e) On or before the thirty-first day of December of each
year, the unit director shall submit an annual report to the Joint
Committee on Government and Finance. The annual report must
include the statistical index required under the provisions of
subsection (d) of this section, and may include recommendations for
statutory or program reforms that will assist the unit and further
promote the goals of the unit. The report may not contain
information of a specific nature that would identify individual
cases or persons.
(f) Every state law enforcement agency of the state shall
periodically provide statistical information regarding child abuse
and neglect cases investigated and prosecuted by that law
enforcement agency to the unit.
(g) The superintendent may promulgate legislative or
procedural rules to effectuate the provisions of this section.
(h) There is hereby established a special account in the State
Treasury, into which shall be deposited any gifts, grants or
donations made to the unit, and any other funds directed to be
deposited into the account by appropriation of the Legislature, and
to be expended for the purposes of this section pursuant to
appropriation of the Legislature.