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. 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. When a CPS caseworker has evidence that a child has been a victim of . <> Deny, limit, or set conditions on the requested discovery. PRIDE training teaches foster and adoptive parents skills and prepares them for the challenges of fostering or adopting a child. endobj You have the right to appeal the exclusion or inclusion of yourself, a parent, or a child from any service program. 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). Removal with a court order : DFPS can request that a court sign an order to remove a child from the parents in an ex parte hearing without the parents present. West Virginia law requires brothers and sisters to be placed together if possible. Such a proceeding shall be effective against the interests to parents and custodians to the extent permissible under general law. There may be more hearings after the adjudicatory hearing if the Judge orders an improvement plan for the respondents to see if they can deal with the issues that led to abuse and neglect. Family Functioning Assessment 3. Your call will be routed to the crisis center near you. This comprehensive child welfare resource provides state and national data on child maltreatment, foster care, kinship caregiving, permanency, and older youth in care. Upon its own motion or upon the request of a party, the court may limit discovery methods and specify its overall timing and sequence provided that each party shall be allowed a reasonable opportunity to obtain information needed for the preparation of his or her case. The judge may permit liberal consultation between counsel and the parties by adjournment, electronic means, or otherwise. Next, the Homefinding Unit will do a background and criminal records check on you. So our first advice is to BREATHE. You will also have access to a broad range of resources. How Is Child Custody Determined In West Virginia? If you are obtaining medical attention for your child, but turn down a non-critical medication , CPS can not investigate your child for denying a non-critical med. Under West Virginia law, you may be able to petition the court to allow you to take over care of a grandchild in specific situations which may include: -When a parent is facing termination of parental rights, -When CPS has determined the child is unsafe at home and must be removed, -During a CPS Family Functioning Assessment, -To assist when a parent is unwilling or unable to perform parental duties and responsibilities, -To provide supervision, parenting assistance, or CPS safety services to a child, -Under Relative Placement as part of a CPS out-of-home safety plan, -As part of a CPS infant plan of safe care, -When a child is removed from a clandestine drug laboratory, -Temporary custody pending a preliminary hearing. February 2019 1 CHILD PROTECTIVE SERVICES POLICY West Virginia Department of Health and Human Resources Bureau for Children and Families Office of Children and Adult . Learn more - How To Fight Back, 9 Important Factors For Grandparents Seeking Visitation In WV. The judge, the attorneys for the parties, and any other person the court permits for the purpose of providing support for the child in order to promote the ability of the child to testify shall be present in the testimonial room at all times during the testimony of the child witness. 8 0 obj The same lawyer can never represent both the parents and the child. In any case governed by these rules in which a child eleven (11) years old or less is to be a witness, the court, upon order of its own or upon motion of a party, may 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. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> This order will be used to decide where the child will ultimately reside. You also have the right to explore various safety measures and decide what is best for your situation. This rule is intended to neither increase nor decrease any rights of the grandparents as set forth in W.Va. Code 49-4-601, et seq. The names of people who call to report are kept confidential. To request assistance, contact the HHR Specialist at WV DHHR Children and Adult Services (304) 558-0955. 1212.1 Texas Family Code Chapter 261 (Legal Definitions of Abuse and Neglect) 1212.2 Texas Family Code Chapter 262 (Removal of Children) Sorry for the inconvenience. %PDF-1.5 You have the right to be made aware of all actions taken in regard to your family throughout the life of the case and the reasons for such actions. stream Victims of sexual assault resulting in pregnancy have the right to petition the court to terminate the parental rights of their abuser without the involvement of DHHR. <>>> The legal standard for abuse and neglect cases is clear and convincing evidence. Gathers information by talking to witnesses and reviewing records; Monitors the judges orders and case plans; and. In some cases, when a child is adopted by a member of either the mother or fathers biological family, a grandparent may be able to petition for visitation rights, as well as custody, as specified by law. No portion of the case may be transferred or remanded to family court for this purpose. 3 0 obj GAL stands for guardian ad litem. Sends a written report to the judge with recommendations for the childs best interest. In West Virginia, Child Protective Services (CPS), which is under the Department of Health and Human Resources (DHHR), investigates possible child abuse and neglect. West Virginia law provides courts with the authority to transfer custody of a child when it is in the best interest of the child. endstream The order may also appoint a volunteer who helps look at what will be best for the child called a CASA or Court Appointed Special Advocate. The state of West Virginia cannot mandate that you raise your child or parent in a specific way, as long as you otherwise abide by the law. This means the judge needs to see stronger evidence than the evidence required for family court hearings, but the judge does not need to see evidence that is as strong as the evidence needed in a criminal hearing. Reports can also be made to the Abuse and Neglect Hotline ( 1-800-352-6513 ) 7 days a week, 24 hours a day. If you are a relative who wants custody of a child, you can apply to get PRIDE training to be a foster parent. ), and creating positive behavioral change. Call the DHHRsCentralized Intake for Abuse and Neglectat 1-800-352-6513. You have a right to express concern for the way you or your child were treated, including any services you are (and are not) permitted to receive. All motions shall be signed in accordance with Rule 11 of the Rules of Civil Procedure. As a parent, you have civil rights and human rights. DO NOT SPEAK TO THEM other than to inform them that you will speak to them when you have contacted your attorney, and when your lawyer is present. If emergency custody was ordered before the preliminary hearing, the judge will decide if it should continue. Each child abuse and neglect proceeding shall be maintained on the circuit court's docket until permanent placement of the child has been achieved. <>>> Under no circumstances may a party file a petition in more than one county based on the same set of facts. And finally, note that the CPS guidelines in West Virginia state clearly that: Conversely, reports that do not constitute a reasonable cause to suspect that child abuse or neglect has or is likely to occur but describe some behavior that the reporter or the agency believes is inappropriate, may not be accepted for Family Functioning Assessment. The child, his or her parents, and his or her legal custodians have the right to a lawyer. <> endobj Knowing your rights is important. Unless there is documented good cause that doing so would be seriously detrimental to the best interests of the child, a parent who is not subject to the Family Functioning Assessment also has the right to receive written notification that the child is unsafe or has been maltreated. These guidelines are to be used when a pregnancy or new birth is a factor in a report of child abuse, a CPS assessment or during ongoing case management. A written list of names and addresses of all witnesses whom the attorney for the petitioner intends to call in the presentation of the case-in-chief, together with any record of prior convictions of any such witnesses; Not less than five (5) days prior to any hearing wherein the respondent(s) intend(s) to introduce evidence, the respondent shall provide to the attorney for the petitioner, the attorney for the child, and all other persons entitled to notice and the right to be heard, the following information: Copies of books, papers, documents, photographs, tangible objects, buildings, or places which are within the possession, custody, or control of the respondent and which the respondent intends to introduce as evidence in chief at the trial; Copies of any results and reports of physical and/or mental examinations, if any, and copies of scientific tests and/or experiments, if any, made in connection with the particular case, if any of such copies are within the possession or control of the respondent, which the respondent intends to introduce as evidence in chief at the trial or which were prepared by a witness whom the respondent intends to call at the trial when the results and/or reports relate to his or her testimony; and. endobj information and for the benefit of the general public. 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. 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. So you have the right unless they have a warrant to demand to talk with CPS when your lawyer is with you. xK0X%/i~4 s* Child Abuse and Neglect under West Virginia Law Abuse & Neglect, Child Custody & Parenting Plans Last updated on 08/23/2021 at 3:56 pm What is child abuse under West Virginia law? The notice of hearing shall specify the time and place of the first hearing, the right of parties to counsel, and the fact that the proceeding can result in the permanent termination of parental, custodial or guardianship rights. 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. The judge decides at the end of the hearing if the child is abused and neglected. However, we are not lawyers and can not give legal advice. Let us help you keep them safer and happier while preserving the family legacy.
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