HB2263 S JUDICIARY AMT

Lovell 7908

            The Committee on the Judiciary moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

            Eng. Com. Sub. for House Bill No. 2263--A Bill to amend and reenact §49-4-501 and §49-4-502 of the Code of West Virginia, 1931, as amended, relating to the responsibilities of prosecuting attorneys when representing the Department of Health and Human Resources, generally; clarifying the duties and scope of authority of prosecuting attorneys in abuse and neglect matters; clarifying the nature of the attorney-client relationship in abuse and neglect proceedings; clarifying that the attorney-client relationship is between prosecuting attorneys and the department, not individual department representatives; authorizing prosecuting attorneys to withdraw as counsel to the department when disputes cannot be resolved; establishing procedure when a dispute or conflict arises; and authorizing the department to use its counsel after prosecutor withdraws.

Adopted

Rejected