582 0 obj <<9c1badf8d5d244d42572ab3e88c359d0>]>>stream It details your rights here in West Virginia and informs you how CPS should proceed. The authority to conduct Family Functioning Assessment extends to those cases when the reported information potentially meets the definitions of child abuse or neglect. West Virginia Child Protective Services Policy, p. 29. The lawyer can continue on the case if the person they were appointed for does not have enough money to pay for a lawyer. endobj I have even told families not to get too stressed out by this, as your first CPS call is common for many of us with kids with special needs. When you suspect abuse or neglect you should report your concerns to the county office of the Department of Health and Human Resources where you live. Our CPS attorneys are dedicated to assisting loving, qualified grandparents throughout West Virginia with enjoying more meaningful relationships with their grandchildren. Call (304) 636-7681. The caseworkers at Child Protective Services can legally remove your children from your home, but only under certain circumstances. Time frames prescribed in these rules shall be computed in accord with Rule 6(a) of the W.Va. Rules of Civil Procedure. <> 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. Children and Families, Locate Local Coordinating Agencies for Children and Family Services, Locate WV Agencies for Early Childhood Services, View/Print Child and Family Services 5yr Plan, View Strategic Plan: Reduction of Dependence on Out-of-State Placement of Youth, Early Care and Education The court retains exclusive jurisdiction over placement of the child while the case is pending, as well as over any subsequent requests for modification, including, but not limited to, changes in permanent placement or visitation, except that (1) if the petition is dismissed for failure to state a claim under Chapter 49 of the W. Va. Code, or (2) if the petition is dismissed, and the child is thereby ordered placed in the legal and physical custody of both of his/her cohabitating parents without any visitation or child support provisions, then any future child custody, visitation, and/or child support proceedings between the parents may be brought in family court. PLUS, Affidavit for Consent for Health Care for a Minor. We can answer all of your questions and help you get started. 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 Child Welfare Crisis in West Virginia . How Is Child Custody Determined In West Virginia? 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. 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. Guardian ad litem is a lawyer who represents the child and the childs best interests. DHHR staff prepare a family case plan with the help of the lawyers and the MDT. But dealing with CPS is stressful and can be scary. These include, but are not limited to: Under the Constitution of the United States and the Constitution of West Virginia, your right as a parent to the custody of your child is a fundamental personal liberty protected and guaranteed by the Due Process Clauses of each. 7 0 obj % If the CPS Supervisor agrees with your CPS Case Workers recommendation that your family should undergo a Family Functioning Assessment, you have a right to be notified of this in writing. A motion to compel discovery shall set forth the request for discovery, describe why the items or information sought are discoverable, and specify how the request was not in compliance; A party receiving a discovery request may file a motion to deny discovery or permit a limited response. %PDF-1.5 % These rules set forth procedures for circuit courts in child abuse and neglect proceedings instituted pursuant to W. Va. Code 49-4-601, et seq. Reports can also be made to the Abuse and Neglect Hotline ( 1-800-352-6513 ) 7 days a week, 24 hours a day. xUn0+x$bERc0@HP=(pF$eE,k;%9Y&)--Wb|sR:=%kwu+RU6 Except as provided for in Rule 5, extensions of time and continuances beyond the times specified in these rules or by other applicable law shall be granted only for good cause, regardless of whether the parties are in agreement. CPS caseworkers continuously separate children from their parents at a monthly rate 300 times greater than the number of the separations at the Mexican border that took place in May 2018. 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. PRIDE training teaches foster and adoptive parents skills and prepares them for the challenges of fostering or adopting a child. The judge always makes decisions based on the best interests of the child. <> endobj CPS does not have the right to do the following: Force their way into your home. At the adjudicatory hearing, the prosecutor, the respondents lawyers, and the childrens lawyers present evidence to support or to defend against the abuse and neglect claims set forth in the petition. 09-2022 When involved with CPS, children enjoy all of the same relevant and respective rights as their parents. Phone: (304) 558-0684 Child Protective Services is provided to families when children are abused or neglected by their parents, guardians or custodians responsible for the care of the children. Still, it is helpful to know about some of your rights if CPS comes to call. They need to have a court order or be able to prove that the child is in imminent danger in order to remove a child. CPS is like any other law enforcement agency. 1200 Legal Foundation for Child Protective Investigations and Child Protective Services. At initial family contact, you have the right to be asked if you are represented by legal counsel and if so, the CPS caseworker is forbidden to conduct the interview without your attorneys permission. The operator shall place herself or himself and the closed-circuit television equipment in a position that permits the entire testimony of the child witness to be transmitted to the courtroom. ~hVRLUcrL$/*i52/e&en1\XQLZ&Tz MV,2{"-e/H4H]%N9hab) 7Eld`^.( !uYIqf /|C@FfD+40s7k~Xv]# W X5oTwYUol8%i[=E[{$p/B{#?Zq_mBd+Sjbpdu?Pp\alIm Uhn?B)(.oFa!f |\ |4qcM`$ c;ooK9,5% county office of the Department of Health and Human Resources where you live. CPS must then immediately go to a Circuit Court judge or Magistrate Court judge and ask for an order for emergency custody. If you choose to be vegan, or follow some other diet, so long as your child is developing within medical norms, CPS can not investigate you for following that diet. The testing of newborns is also a controversial issue in all states. 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. The judge determines what needs to be done to give the child a permanent home. CPS can take your child away and terminate your rights as a parent. GAL stands for guardian ad litem. It is important to note that the West Virginia Supreme Court of Appeals, as well as the United States Supreme Court, have previously ruled that a fit parent has the inherent right to make all decisions regarding the care, custody, and control of his or her own children. Serving Elkins, Parsons, Davis, Philippi, Belington, Buckhannon, Weston, Clarksburg, Fairmont, Morgantown, Martinsburg, & All of West Virginia, 2021 All Rights Reserved | Privacy Policy. endstream xZo8!eD:,Hl5YC:Yr*%~6p/\fyK~m|],m||}..UYem~&.cqy~'099N3S}p~uF When an abandoned child is discovered, WV statute 49-4-301 prohibits the removal of the child from the home until CPS has made all reasonable efforts to make inquiries and arrangements with neighbors, relatives, and friends, and these have been exhausted, and the department has explored the possibility of placing a worker in the home to care for the child until the parents return. We are having phone issues and our main number 304-636-7681 not connecting. 1212.1 Texas Family Code Chapter 261 (Legal Definitions of Abuse and Neglect) 1212.2 Texas Family Code Chapter 262 (Removal of Children) endobj The testimony of the child witness shall be taken in any room, separate and apart from the courtroom, from which testimony of the child witness can be transmitted to the courtroom by means of live, one-way, closed-circuit television. No police officer or CPS worker can come into your home without your permission UNLESS they have a warrant. A written list of the names and addresses of the witnesses the respondent intends to call in the presentation of the case-in-chief. In addition, every child has the right to have their needs assessed by CPS. Purpose of child abuse and neglect rules; construction and enforcement, Contemporaneous civil, criminal, and other proceedings, Confidentiality of Proceedings and Records; Access by Family Court, Time Computation; extensions of time and continuances, Testimony of Children; inclusion of children in hearings and multidisciplinary treatment meetings, Use of closed circuit television testimony, Motion to compel, limit, or deny discovery, Visitation and other communication with child, Pleadings allowed, Form of motions and other papers, Appointment; responsibilities of guardian, Effect of personal service on only one parent, Preadjudicatory improvement period; family case plan; status conference. 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. All motions shall be signed in accordance with Rule 11 of the Rules of Civil Procedure. WV Code 9-6-11 states the report must be made to the Department of Health and Human Resources immediately, but not more than 48 hours after suspecting these circumstances. Serving Elkins, Parsons, Davis, Philippi, Belington, Buckhannon, Weston, Clarksburg, Fairmont, Morgantown, Martinsburg, & All of West Virginia, 2021 All Rights Reserved | Privacy Policy. You have the right to these services whether or not you decide to stay in the relationship. Next, the Homefinding Unit will do a background and criminal records check on you. Sends a written report to the judge with recommendations for the childs best interest. When a family court judge has ordered CPS to assist in the emergency custody and placement of a child based on clear and convincing evidence that there is exists an imminent danger to the physical well-being of the child as defined in WV Code 49-1-201, the child is not the subject of a pending action before the circuit court alleging abuse and neglect of the child, and there are no reasonable available alternatives to the emergency custody order, the CPS Social Worker MUST determine if any family members should be considered for placement of the child. DHHR will place the child with relatives if it is safe and appropriate. C]an M(xX{h$}?4/l0=4A@#$X'a1ti5L+uBsX&B4C8M.H3y9/_h]}}{<=dKY&;.R4ArhrE@Fs;4ehM\0E%!CP=yA,PT#+nD:BYKY3 B:kCp\QhrXdvRjENS(>`pUmTn'>oX0IG (6XH2pWU?Gu 1-800-352-6513. It's traumatizing for both the family and the children, and is normally the . Mail to: West Virginia Department of Health and Human Resources, Office of Human Resources Management, EEO/Civil Rights Officer. If a child is removed by CPS without a hearing, an emergency hearing mustbe held by a court on the "first working day" after removal, but no more thanthree days after removal (Texas Family Code ("TFC") 262.106). An initial order is the first order from the Circuit Court Judge in an abuse and neglect case. When at least one of the childs parents is determined to be fit, the court will always grant custody to the parent. In West Virginia, as the closest family/kin of a child, grandparents have a right to be notified of termination proceedings against a parent. Over the past decade, the number of cases has increased more than 70 percent. Call (304) 636-7681. Sorry for the inconvenience. Exhibits admitted into evidence shall be retained by the court for two (2) years or until dismissal of the proceedings from the court's docket, whichever occurs later, unless preservation of the exhibit is impractical or the parties agree that it is no longer necessary. 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. 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. These separations occur day in and day out. Joseph R. Scotti, PhD/BCBA-D, and Claudia Neely MA/BCBA work in every county in West Virginia, helping families impacted by special needs. February 16, 2021 - 6:25 pm. 578 0 obj <>stream Case Closure Knowledge Is Power Protect Your Family and Your Parental Rights In WV If you do allow CPS workers into your home, you are then giving them legal permission to gather evidence from your home. Reports must be made to the toll-free Hot Line at Any party receiving a written request to make information, documents, records, or evidence available for inspection, testing, copying, or photographing shall, within two (2) days, excluding weekends and holidays, comply with the request or provide a written explanation of the reasons for noncompliance to the parties and the court; A party whose request for discovery is not fully complied with may file a motion for an order compelling discovery. JFIF ZExif MM * J Q Q Q C 6 0 obj 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. They commonly happen in secret and without fanfare. Call the DHHRsCentralized Intake for Abuse and Neglectat 1-800-352-6513. The courtroom shall be equipped with monitors sufficient to permit the parties to observe the demeanor of the child witness during his or her testimony. Isner Law Office offers professional legal guidance and representation you can trust. 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). As with all CPS interventions, CPS must inform you of your rights related to accepting and cooperating with any proposed In-Home Safety Plan, as well as any alternatives or consequences. This hotline is open 24 hours a day and 7 days a week. MDT is both the name of the group of people who meet and the name of the meeting that takes place. Contact Isner Law Office for legal counsel and representation statewide in West Virginia. The purpose of the guidelines is to assist department staff in addressing child safety in these <>>> Under no circumstances shall a child abuse and neglect proceeding be delayed pending the initiation, investigation, prosecution, or resolution of any other proceeding, including, but not limited to, criminal proceedings. When a CPS caseworker has evidence that a child has been a victim of . However, you should be aware that if you deny CPS and law enforcement entry to your home, they may be able to obtain a warrant rapidly by phone under some circumstances. Grants for families needing assistance with medical bills. 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. You are entitled to a copy of your file at no cost. Finally, in West Virginia, CPS workers are required to give you a pamphlet outlining all of your rights. In fact, most lawyers (not that we can give legal advice) will want you to have them with you when speaking to CPS. We strongly encourage anyone dealing with CPS to get a lawyer for legal advice as soon as possible. Sadly, due to bigotry and prejudice, many special needs families find themselves dealing with CPS (Child Protective Services). Pursuant to W.Va. Code 49-4-601(a), the Department or a reputable person may file a petition to initiate a child abuse and neglect proceeding in the circuit court in the county where the child resides. Having a psychological evaluation and following what is recommended; Getting treatment for drug or alcohol abuse; Going to supervised or unsupervised visits with the child; and. If DHHR finds that there is abuse and neglect, DHHR will notify the Circuit Court Judge, who will hear the case. Charleston, WV 25305 The legal standard for abuse and neglect cases is clear and convincing evidence. When you suspect abuse or neglect you should report your concerns to the To request assistance, contact the HHR Specialist at WV DHHR Children and Adult Services (304) 558-0955. The visitation order of the circuit court shall be enforceable upon entry unless a stay of execution of said order is issued by the circuit court or the Supreme Court of Appeals. You may also protest the maltreatment substantiation through the Board of Review Grievance Process by completing the hearing request form and returning it within 60 days. If brothers and sisters are separated, DHHR must give reasons to the judge for separating the children. Child Protective Services is provided to families when children are abused or neglected by their parents, guardians or custodians responsible for the care of the children. Grandparents can be considered for temporary custody, permanent custody, and adoption, as relevant. stream If your issue is an emergency, call 911 or go to your nearest emergency room. If these individuals choose to make a report of abuse or neglect, even if CPS believes your behavior is inappropriate, you may not be accepted for a Family Functioning Assessment when there is no reasonable cause to suspect that child abuse has occurred or is likely to occur. The data are essential to help policymakers understand how many children and youth come in contact with the child welfare system, and why. <>/Metadata 1496 0 R/ViewerPreferences 1497 0 R>> Pass a Home Study (including a home visit, safety check, interviews, and paperwork), 3. Start a Child Care <> Contact Isner Law Office today to schedule a consultation. 9 0 obj Aside from the general interest of visiting and enjoying grandparenting time with your grandchild, there are certain circumstances when you may wish to pursue the temporary or permanent custody of your grandchild or an eventual petition for adoption. The child (if old enough and appropriate). Center. The rules applicable to captions and other matters of form of pleadings apply to all motions and other papers provided for by these rules. Citations to statutes relied upon in requesting the intervention of the court and how the alleged misconduct or incapacity comes within the statutory definition of neglect and/or abuse; A description of all of the children in the home or in the temporary care, custody or control of the alleged offending parent(s), including name, age, sex, and current location, unless stating the location would endanger the child or seriously risk disruption of the current placement; A statement of facts justifying court intervention which is definite and particular and describes: The specific misconduct, including time and place, if known, or incapacity of the parent(s) and other person(s) responsible for the child's care; and. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> You have the right to be free from discrimination for reasons of age, race, color, sex, sexual orientation, mental, or physical disability, religion, creed, national origin, or political belief. Such a proceeding shall be effective against the interests to parents and custodians to the extent permissible under general law. However, if DHHR or the prosecutor refuse to bring an abuse and neglect petition, any person who believes abuse and neglect took place can file an abuse and neglect petition in Circuit Court. West Virginia Programs and Rights Information, How to file a Due Process Complaint about IEPs in West Virginia, Mediation Information for IEPs in West Virginia, The West Virginia Department of Educations Advocacy Guide to Special Education, The West Virginia Parent Training and Information Project. To proceed, contact your local prosecuting attorney and ask to initiate a petition for Termination of Parental Rights (TPR). endobj <>/Pattern<>/Font<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Isner Law Office can assist with this process. This notification letter must mention that the maltreatment findings could affect your future employment, as well as your right to appeal and the process to request a grievance. 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. We discuss some of the laws that impact families in West Virginia who have children with special needs. 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. endstream endobj Again, this is not a legal website, and we are not lawyers. When domestic violence is present in your home, as a victim you have the right to have CPS provide written information about your rights, local domestic violence programs including any hotlines, shelter, counseling, and advocacy services. endstream 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. If you are interested in providing your grandchild a more stable and secure future, Isner Law Office can help. What is neglect under West Virginia 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. No portion of the case may be transferred or remanded to family court for this purpose. Child abuse means that a childs health and well-being is being harmed or threatened. 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. 1211 Texas Human Resources Code. Care Center Violation, Login FACTS So it is almost always in your benefit to have a lawyer, and why we are saying speak to your lawyer. We focus on the positive: building skills (from language to homework), finding joy as a family (which is why we are called WHOLE Families! The initial order also appoints lawyers for the child and the parents. To become certified as a foster parent in West Virginia, a relative care provider must: 1. 11 0 obj The proceedings shall be recorded and transcripts produced according to the provisions of W. Va. Code 49-4-601(k). <> To provide fair, timely and efficient disposition of cases involving suspected child abuse or neglect; To provide for judicial oversight of case planning; To ensure a coordinated decision-making process; To reduce unnecessary delays in court proceedings through strengthened court case management; and. 8 0 obj 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. 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. See the general grievance procedure for West Virginia social services for more information. You have the right to: -be involved in identifying and fully considering available formal and informal resources and options. Child Abuse and Neglect reporting, Learn more - Adult Although family, neighbors, school officials, and others may not understand your decisions or agree with your logic, that does not mean you are guilty of child abuse. The most important thing to do is know your rights, read the laws, and get a lawyer. The overall goal of the abuse and neglect process is to correct problems so the family can be reunified or if that is not possible, to find a safe and loving place for the child to grow up. We strongly encourage you to read this, even though it is long and wordy. Definitions. xc```b``e`2.30 3r40=d>ytUDMSgYqY\IR+5otz\]}|Oi_}Q V)s7j7}vJGr[$cUODrFn j~vP6rp=3W[v~vw;v8sai1+dnsg[6^CNTYrn+gJUvGv4k]U2yfG}gW:k~VY~aW}?7?yw)h~[K ynU?KYOYp,/m|r)*MVO8TcS{2~*u+}bQiJH f1S0+3c96Ipl5)_x[? These rules are not to be applied or enforced in any manner which will endanger or harm a child. 1-800-352-6513 ) 7 days a week, 24 hours a day. There are several reasons CPS can take your child away, and fetal exposure to alcohol or illegal drugs is near the top of the list. Call (304) 636-7681. The image and voice of the child witness, as well as the image of all other persons present in the testimony room, other than the operator, shall be transmitted live by means of live, one-way, closed-circuit television in the courtroom. 576 0 obj <> endobj
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