Introduced Version
House Bill 4011 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 4011
(By Delegates Mahan, Houston, Leach,
Perdue, Stephens, Ashley and Howard)
[Introduced January 11, 2006; referred
to the Committee on Government Organization.]
A BILL to amend of 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 is to consist of, at a minimum, six members of
the State Police, five assigned regionally to assist county Child
Protective Services Offices, and a unit director. State Police
members so assigned shall assist Child Protective Service
caseworkers in investigating and coordinating with other law
enforcement personnel, cases of suspected child abuse or neglect.
This includes 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 suspected 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 initial, progress and final
reports required under article six-a, chapter forty-nine of this
chapter, and any other information deemed appropriate by the unit
director.
(e) On or before the December thirty-first 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, as required by the unit, statistical
information regarding child abuse and neglect cases investigated
and prosecuted by that law enforcement agency.
NOTE: The purpose of this bill is to create a specialized unit
within the State Police to focus on child abuse and neglect cases
and to assist Child Protective Services in identifying criminal
violations.