These separations occur day in and day out. But dealing with CPS is stressful and can be scary. endobj Each child abuse and neglect proceeding shall be maintained on the circuit court's docket until permanent placement of the child has been achieved. Call Isner Law Office at (304) 636-7681. 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. If it is not safe for a child to remain with his/her parents then Child Protective Services will petition the Circuit Court to place the child in foster or kinship care. 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. Learn more - If CPS receives this order, CPS must file an abuse and neglect petition within 48 hours. How Is Child Custody Determined In West Virginia? West Virginia has a chronic shortage of child protective service workers, according to this article on the WBOY Channel 12 Web site. %PDF-1.5 The legal standard for abuse and neglect cases is clear and convincing evidence. If only one parent supposedly abused the children, the other parent can be a respondent if they knew about the abuse and could have stopped it. The judge determines what needs to be done to give the child a permanent home. Safety Planning (If Necessary) 4. 1. 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. Grants for families needing assistance with medical bills. All Rights Reserved. To request assistance, contact the HHR Specialist at WV DHHR Children and Adult Services (304) 558-0955. These rules are not to be applied or enforced in any manner which will endanger or harm a child. The initial order also appoints lawyers for the child and the parents. If you would like to foster or adopt a child who is in an abuse and neglect case, you should contact DHHR and speak to the case worker as soon as possible. xUn0+x$bERc0@HP=(pF$eE,k;%9Y&)--Wb|sR:=%kwu+RU6 We focus on the positive: building skills (from language to homework), finding joy as a family (which is why we are called WHOLE Families! Phone: (304) 558-0684 1-800-352-6513. 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. 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. We are having phone issues and our main number 304-636-7681 not connecting. For example: if the report of alleged abuse or neglect does not fall under the definition in the state statute then an Family Functioning Assessment will not be conducted. The respondent in the abuse and neglect case is the adult who supposedly abused or neglected the children. They cannot come into your home without a warrant, whether they are alone or with the police/law enforcement. %PDF-1.7 If you are a relative or non-custodial parent of a child who is in an abuse and neglect case and have questions, or if you are a neighbor who witnessed child abuse and neglect and have questions, you can contact Legal Aid toapply for help. If a continuance is granted in accordance with this rule, the court shall set forth in a written order its reasons for finding good cause. You are on this page: Child Protective Services Manual. Our West Virginia CPS attorneys help grandparents protect their rights when seeking the custody or adoption of a grandchild in West Virginia. *Aggravating circumstances include imminent danger of serious bodily or emotional injury or death in the home, parental abandonment, torture, chronic abuse, or sexual abuse of the child, instances where a parent has committed, attempted, or conspired to commit murder or voluntary manslaughter of the other parent of the child, or been an accessory after the fact in either crime, instances when a parent has committed felonious assault, unlawful or malicious wounding resulting in serious bodily injury to the child or another child of the parent, when parental rights to a sibling have been involuntarily terminated, when the parent has committed sexual assault or sexual abuse of the child, the childs other parent, guardian, or custodian, another child of the parent, or any other child residing in the same household or under the temporary or permanent custody of the parent, when the parent has been required by state or federal law to register with a sex offender registry, and when a child has been removed from the parents care, custody, and control by an order of removal and the parent voluntarily fails to have contact or attempt to have contact with the child for a period of 18 consecutive months (unless due to incarceration, being in a medical or drug treatment facility, or being on active military duty, as these are not considered voluntary). endobj Call the DHHRsCentralized Intake for Abuse and Neglectat 1-800-352-6513. If a parents rights are terminated, the person no longer has legal status as the childs parent. If CPS believes a child is in danger, CPS may take emergency custody of the child before an emergency abuse and neglect petition is filed with a court. No US states have mandated universal testing of newborns for illegal drugs to date. This online manual is available as a PDF. Who investigates child abuse and neglect in West Virginia? 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. When a co-petitioner is a parent, the judge will appoint him or her a lawyer separate from the prosecutor. The testing of newborns is also a controversial issue in all states. You have a right to have an attorney of your choice present before speaking with CPS. Or, if a Family Functioning Assessment is conducted and there is a threat to child safety, Ongoing Child Protective Services will be provided which includes completing a Protective Capacities Family Assessment and Family Case Plan Evaluation. If emergency custody was ordered before the preliminary hearing, the judge will decide if it should continue. Fax: (304) 558-1130, Office of Community Health Systems and Health Promotion, Health Facility Licensure and Certification, Report a Child <> Reports must be made to the toll-free Hot Line at To reach our office please use either: Family Functioning Assessment Notification Letters, Right of Sexual Assault Victims to Terminate Parental Rights, Federal Discrimination Grievance Procedure, How To Divorce In WV: 6 Simple Steps To Freedom, How Much Child Support Will I Get WV Law. 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[? Time frames prescribed in these rules shall be computed in accord with Rule 6(a) of the W.Va. Rules of Civil Procedure. If DHHR decides your home is safe and appropriate, DHHR can then place the child in the home. When the testimony of the child witness is transmitted from the testimonial room into the courtroom, the court stenographer shall record the testimony in the same manner as if the child witness testified in the courtroom. <> The case plan also includes a description of how the respondents must change their behavior. sponsor or endorse the accuracy of the information on externally linked 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. The Path to Racial Equity in Child Welfare: Valuing Family and Community (PDF - 1,642 KB) stream If you do allow CPS workers into your home, you are then giving them legal permission to gather evidence from your home. A petition is a legal document that describes the abuse and neglect that supposedly took place. The MDT also sends written reports to the judge. endobj 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. Guardian ad litem is a lawyer who represents the child and the childs best interests. The case plan lists changes that must happen and services that will be provided to the family to help correct the problems. You have the right to be allowed access to your personal file in accordance with WV Code 49-5-101(b). 3 0 obj GAL stands for guardian ad litem. DHHR will do a general walkthrough of your home. So you have the right unless they have a warrant to demand to talk with CPS when your lawyer is with you. Under all circumstances, the image of the child witness transmitted shall include the entirety of his or her person ordinarily subject to observation by the human eye, subject to such limitations as may be unavoidable by reason of standard courtroom furnishings. You also have the right to have a service animal in all DHHR offices even where pets are generally prohibited. And if a CPS worker AND a police officer show up at your door, they still need a warrant to demand access to your home, and you can refuse to allow them entry unless they have a warrant. If a relative placement is not possible, DHHR looks for someone who is not a relative but has a bond with the child. You have the right to request a grievance hearing with regard to either the manner in which you as a parent and the child are treated by agency personnel or any other concern related to the service programs of the agency. 11 0 obj 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. The child is in imminent danger. 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. A CASA is a trained volunteer who advocates for the best interests of the child. 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. Our West Virginia CPS attorneys can help protect your rights when accused of child abuse, child neglect, child endangerment, and related allegations in West Virginia. You have the right to these services whether or not you decide to stay in the relationship. The DHHR worker needs to know if anything happens with the child or the parent. Within 90 days of the date a court has entered a Final Termination Order for both parents, CPS must submit a post-termination placement plan. You have the right to appeal the exclusion or inclusion of yourself, a parent, or a child from any service program. It's traumatizing for both the family and the children, and is normally the . Read the article onChild Abuse and Neglect: How Can Relatives Become Involved to Help The Childfor more information. 582 0 obj <<9c1badf8d5d244d42572ab3e88c359d0>]>>stream Makes written reports to the judge and recommends what is best for the child. If, prior to or during any hearing, a party discovers additional evidence or material that should have been disclosed, that party shall promptly notify all other parties and their counsel, persons entitled to notice and the right to be heard, and the court of the existence of the additional evidence or material. 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. 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. endobj Center. Contact Isner Law Office today to schedule a consultation. The West Virginia Judicial System is an Equal Opportunity Employer committed to providing equal access and unbiased, non-discriminatory treatment to all. Grandparents can be considered for temporary custody, permanent custody, and adoption, as relevant. Case Evaluation 6. The names of people who call to report are kept confidential. 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. All motions shall be signed in accordance with Rule 11 of the Rules of Civil Procedure. Circuit Courts Judges are the judges in West Virginia that hear child abuse and neglect cases. During this hearing, the judge must choose the least restrictive action to take on the case. 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. 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. Check out our new, free online resource, the KINSHIP CONNECTOR tool! CPS can not deny you your lawyer. 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. Under the Keeping Children and Families Safe Act of 2003 amendment to the Child Abuse Prevention and Treatment Act (CAPTA), CPS is required to ensure you are as educated and involved as possible in decisions being made about your family. 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. Physical Violence. 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. Next, the Homefinding Unit will do a background and criminal records check on you. <>/Metadata 1496 0 R/ViewerPreferences 1497 0 R>> If a CPS worker believes that a child cannot be protected in his own home, CPS must attempt to arrange alternative placement with a suitable relative, such as a grandparent, or neighbor before filing a petition. Call the National Suicide Prevention Lifeline, a free, 24-hour hotline, at 1.800.273.8255. West Virginia Autism Waiver and Social Security Disability Info. 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. CPS must have a court order to force you into taking a drug test. . 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, 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. A permanent out-of-home placement has been achieved only when the child has been adopted, placed in a legal guardianship, placed in another planned permanent living arrangement (APPLA), or emancipated; and, Ordered by the court for good cause shown; or. You have the right to be free from retaliation, intimidation, threats, coercion, and discrimination from the Bureau for Children and Families for the purpose of interfering with any right or privilege secured by Title VI, Section 504 (Title VI of the Civil Rights Act of 1964), or the Age Act, or because you have made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing. <> A child subject to a case may attend all or portions of hearings, unless the court deems such attendance inappropriate, and may attend all or portions of multidisciplinary treatment team meetings, unless the multidisciplinary treatment team deems such participation inappropriate.
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