The Legislature finds that disabled persons and particularly disabled children are often more vulnerable and in greater need of protection than the nondisabled. Concomitant with greater vulnerability is the enhanced risk of injury and intimidation, particularly when the child is noncommunicative. Based upon these facts, the Legislature has determined that it is appropriate that enhanced […]
As used in this article: (1) “Disabled child” means a child with any physical, intellectual, developmental, communication, or psychological disability or impairment. A disability includes , but is not limited to one that:
(a) Any person in a position of trust in relation to a disabled child, who has supervisory responsibility over a disabled child, and who repeatedly engages in conduct, verbal or otherwise toward the child in an insulting, demeaning, or threatening manner, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less […]
(a) Any person in a position of trust to a disabled child, with supervisory responsibility over the child who unlawfully and intentionally makes physical contact of an insulting and provoking nature to the person of the disabled child or unlawfully causes physical harm to the disabled child is guilty of a felony, and upon conviction […]
(a) Any person in a position of trust in relation to a disabled child who is subject to the mandatory reporting requirements in 49-2-803 of this code who fails to make a required report regarding a disabled child is guilty of a misdemeanor, and upon conviction shall be confined in jail for not more than […]
(a) The West Virginia Department of Education in collaboration with the Secretary of Health and Human Resources shall: (1) On or before January 1, 2023, develop, produce, and disseminate an eight-hour education program for people employed in or to be employed in the care, housing, and education of disabled children as well as their supervisory […]
(a) This section and the provisions of 61-8F-1, 61-8F-2, and 61-8F-6 of this article shall be effective from passage. (b) The provisions of 61-8F-3, 61-8F-4, and 61-8F-5 shall be effective July 1, 2022.
