Child Protective Services (CPS) strives to ensure safe, permanent, nurturing families for children by protecting them from abuse and neglect while attempting to preserve the family unit. Petition to court when child believed neglected or abused; temporary care, custody, and control of child at different stages of proceeding; temporary care; orders; emergency removal; when reasonable efforts to preserve family are unnecessary. Although WV Code 49-4-603 permits these examinations to be ordered, you may not be held in contempt of court and you may not have your parental rights terminated by a court for your refusal to undergo such examinations. The judge always makes decisions based on the best interests of the child. The rules applicable to captions and other matters of form of pleadings apply to all motions and other papers provided for by these rules. The child is in imminent danger. If you give them permission to enter your home, you are also giving permission for them to collect evidence. <> If you pass these checks, DHHR will certify you as a foster parent and you can get financial help in caring for the child. These rules are designed to accomplish the following purposes: As used in these rules, these terms are defined as follows: A circuit court before which a civil petition is filed pursuant to W. Va. Code 49-4-601, et seq., may order any other proceeding pending before another circuit court, family court, or magistrate court which arises out of the same facts alleged in the civil petition or involves the question of whether such abuse and neglect occurred transferred to the court where the civil petition is pending and may consolidate such proceedings, except criminal and delinquency proceedings, all in accordance with Rule 42 of the Rules of Civil Procedure and W. Va. Code 56-9-1. Who investigates child abuse and neglect in West Virginia? As a parent, except in cases involving certain aggravating circumstances* and when consistent with the permanency plan for the child, you have the right to reasonable efforts made on your behalf to preserve and reunify your family, including the right to: -prevent or eliminate the need for removing the child from your home prior to placement in foster care, -have actions taken by DHHR to stabilize and maintain your family situation, -a DHHR determination that no appropriate or available services would alleviate or mitigate the safety threat to the child, before initiating any procedure to take custody of the child, -make it possible for your child to safely return to your home. Here are eight of the most common reasons CPS may take children from a parent's home during an investigation. The purpose of the New York State Child Protective Services Manual is to provide a comprehensive resource that incorporates current law, regulation, relevant guidelines, and procedures in the area of child protective services. 1-800-352-6513, >Bureau for Why diagnosis matters in Early Intervention. Because the parent was a victim, he or she could not stop the child abuse and neglect. If at any time the court orders a child removed from the custody of his or her parent(s) and placed in the custody of the Department or of some other responsible person, the court may make such provision for reasonable visitation, telephone or video calls, letters, email, or other communication as is consistent with the child's well-being and best interests. Typically, when a child is placed with an adoptive family with no biological ties to the child all rights of the parents, grandparents, and other family members regarding custody, visitation, and other factors are permanently severed. 5 0 obj Serving Elkins, Parsons, Davis, Philippi, Belington, Buckhannon, Weston, Clarksburg, Fairmont, Morgantown, Martinsburg, & All of West Virginia, 2021 All Rights Reserved | Privacy Policy. Reports can also be made to the Abuse and Neglect Hotline ( Contesting Removal ",#(7),01444'9=82. Isner Law Office offers professional legal guidance and representation you can trust. Makes written reports to the judge and recommends what is best for the child. Should it be required, for the purposes of identification that the person to be identified and the child witness be present in the courtroom at the same time, the court shall ensure that this meeting takes place after the child witness has completed his or her testimony; and this confrontation shall, to the extent possible, be accomplished in a manner that is nonthreatening to the child witness. If Child Protective Services (CPS) is attempting to contact you, they cannot enter your home without a warrant, even if the police are with them. Actual or attempted intentional infliction of physical or mental injury upon the child or any child in the home; Sexual abuse or exploitation of the child; The sale or attempted sale of the child; or. West Virginia has a chronic shortage of child protective service workers, according to this article on the WBOY Channel 12 Web site. Sorry for the inconvenience. 6 0 obj Timeline of CPS Action In West Virginia | Statewide Child Abuse Defense This starts with dismissing the petition if the judge feels it is safe to reunite the family. You have the right to these services whether or not you decide to stay in the relationship. In West Virginia, what constitutes child abuse and neglect is codified by law, and CPS can not investigate you for choosing to parent in ways not covered by law. Over the past decade, the number of cases has increased more than 70 percent. information and for the benefit of the general public. Pass a Home Study (including a home visit, safety check, interviews, and paperwork), 3. Reports must be made to the toll-free Hot Line at During this hearing, the judge must choose the least restrictive action to take on the case. The petition shall be verified in accordance with W. Va. Code 49-4-601(b) and shall include the following: The petition and notice of the first hearing shall provide at least ten (10) days notice, unless the first hearing is a preliminary hearing regarding emergency custody pursuant to W. Va. Code 49-4-602, in which case the parties and all persons entitled to notice and the right to be heard must be provided at least five (5) days actual notice. sponsor or endorse the accuracy of the information on externally linked State Capitol Complex, Building 3 Room 206 As used in these rules, these terms are defined as follows: "Adjudicatory hearing" shall mean the hearing contemplated by W. Va. Code 49-4-601 to determine whether a child has been abused and/or neglected as alleged in the petition; "CASA" shall mean Court-Appointed Special Advocate as set forth in Rule 52; "Child's case plan" shall mean the plan prepared by the Department . Consideration shall be given to the child's preferences and developmental maturity. endobj When a child is found in this state and is under the protection of the court and no parent or custodian has been found within this jurisdiction, the court may order service of the notice by publication and proceed with the proceeding. Meets with the social worker and the childs teachers; Works with service providers and the CASA volunteer; Represents the child at hearings and MDTs; Helps develop and monitor improvement periods; and. <> %PDF-1.7 You may file a private lawsuit in Federal court or a complaint of discrimination on the basis of disability by contacting the Office for Civil Rights: U.S. Department of Health & Human Services. The court may hear motions and conduct conferences relating to discovery, service of process, or case scheduling by telephone or video conference call. Where a respondent has been served, no order adjudicating that such respondent has abused or neglected the child concerned until the time for answer for such respondent has expired and, if the answer is timely served, the respondent has been afforded at least 20 days from the date the answer was filed to prepare for adjudication or has waived such opportunity to prepare. The judge decides at the end of the hearing if the child is abused and neglected. PLUS, Affidavit for Consent for Health Care for a Minor. Chapter C of the Child and Family Services Manual is specifically for the Child Protective Services (CPS) program. The court shall assure that any supervised visitation shall occur in surroundings and in a safe place, dignified, and suitable for visitation, taking into account the child's age and condition. The Path to Racial Equity in Child Welfare: Valuing Family and Community (PDF - 1,642 KB) 1-800-352-6513 ) 7 days a week, 24 hours a day. So we are offering general information here, not legal advice. In any case in which a child over the age of eleven (11) years is to be a witness, the court, upon order of its own or upon motion of a party, and upon a finding of good cause, shall permit the child witness to testify through live, one-way, closed-circuit television whereby there shall be no transmission into the room from which the child witness is testifying. Deny, limit, or set conditions on the requested discovery. 2 0 obj You have the right to have information collected and maintained in the course of a CPS investigation and delivery of services held in confidence in accordance with WV Code 49-5-101(a). %PDF-1.5 How Is Child Custody Determined In West Virginia? endobj You have the right to reasonable modifications and auxiliary aids for individuals with disabilities, at no additional cost, where necessary to ensure effective communication as an individual with hearing, vision, or speech impairment. endobj There are many reasons why grandparents in West Virginia may find themselves seeking temporary custody, permanent custody, or the adoption of a grandchild. Judge Weistein ruled that the practice is unconstitutional and he ordered it stopped. However, limited information has been available to child welfare workers, judges, and attorneys on the utility of drug testing and how to correctly interpret the results in the context of child welfare practice. If you are a parent, guardian, or custodian who has received written notice from the Bureau of Children and Families finding that an allegation of maltreatment of a child has been substantiated by a CPS worker, you may contact the CPS Supervisor at the information located on the notice. How To Fight Back, 9 Important Factors For Grandparents Seeking Visitation In WV, WV Child Abuse & Neglect Proceeding Court Process Video [Download], Guide for the Court Process for West Virginia Foster Grandparents, Kinship Care and the Child Welfare System, Grandfamilies.org Nationwide Resource List for Relative Caregivers, Grand Resources Guide to Raising Children With Disabilities. When a child is removed from a West Virginia home due to abuse or neglect, kin (family members) who are able to provide a safe, stable home must be given preference. The effect of entry of an order of termination of parental rights shall be, inter alia, to prohibit all contact and visitation between the child who is the subject of the petition and the parent who is the subject of the order and the respective grandparents, (footnote 1) unless the Court finds the child consents and it is in the best interest of the child to retain a right of visitation. endstream endobj The judge may permit the child abuse and neglect proceeding to go forward after one parent personally is served, if it is established on the record that there have been diligent but unsuccessful efforts to serve all other parties and requisites of W. Va. Code 49-4-601 have been met. Any party moving for a continuance on the ground that discovery is likely to delay a hearing set by the court shall promptly send written notice to the court stating the need for the discovery and the extent of the likely delay. Time limits do apply, so be sure to contact us right away. The adult respondents (if they are not parents or guardians); The Guardian Ad Litem (childrens lawyer). We are having phone issues and our main number 304-636-7681 not connecting. DHHR keeps track of and reports on the respondents progress during the improvement period. Contact Isner Law Office today to schedule a consultation. When involved with CPS, children enjoy all of the same relevant and respective rights as their parents. This rule merely establishes the minimum amount of disclosure required. 34% increase in open Child Protective Services (CPS) cases between 2014-2017; West Virginia is #1 in child removal, nationally; West Virginia is #1 in congregate care usage, nationally; 63% of the children entering foster care are age 10 and younger. endobj Parental Rights Versus Grandparent Rights In WV, Seeking Temporary or Permanent Custody of a Grandchild In WV, Child With Siblings Already In Foster Care / Adopted, Kinship Care Relative Foster Home Placement In WV, West Virginia Grandparent Caregiver & Family Resources, How To Divorce In WV: 6 Simple Steps To Freedom, How Much Child Support Will I Get WV Law. The attorney for the child shall have access to the file kept by the Department and the file kept by the attorney for the petitioner, including all information set forth in W. Va. Code 49-5-101 and the attorney may make such use thereof as may be appropriate to the case, subject to such limitations as the order of the court shall require; Unless otherwise ordered by the court pursuant to Rule 12, within three (3) days of the filing of the petition, the attorney for the petitioner shall provide to counsel for the respondent(s) or to the respondent(s) personally, if not represented by counsel, the attorney for the child, and all other persons entitled to notice and the opportunity to be heard, the following information, as is within the possession, custody, or control of the attorney for the petitioner, the existence of which is known, or by some exercise of due diligence may become known, to the attorney for the petitioner: Any relevant written or recorded statements made by the respondents (or any one of them), or copies thereof, and the substance of any oral statements which the petitioner intends to offer in evidence at the trial made by the respondents (or any one of them); Copies of the respondent's prior criminal records, if any; Copies of books, papers, documents, photographs, tangible objects, buildings, or places which are material to the preparation of the respondent's case or are intended for use by the attorney for the petitioner as evidence in chief at the trial or were obtained from or belonging to the respondent; Copies of results or reports of physical and/or mental examinations, if any, and copies of scientific tests and/or experiments, if any, which are material to the preparation of the respondent's case or are intended for use by the attorney for the petitioner as evidence in chief at the trial; and. If the Department is a petitioner, the petition may also be filed where the alleged abuse and/or neglect occurred, where the custodial respondent or one of the other respondents resides, or to the judge of the court in vacation. To encourage the involvement of all parties, including children, in the litigation as well as the involvement of all community agencies and resource personnel providing services to any party. Under West Virginia law (W.Va. Code 49-1-201), a childs health and well-being can be threatened in a few ways: Neglect means that a childs physical or mental health is harmed or threatened by a parents failure, refusal, or inability to provide: Neglect can also be a result of the child being without these basic necessities because of the absence of the parent (W.Va. Code 49-1-201).