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Home » US Law » 2022 West Virginia Code » Chapter 49. Child Welfare » Article 2. State Responsibilities for Children

§49-2-1001. Purpose; Intent

Juvenile Offender Rehabilitation Act §49-2-1001. Purpose; intent. It is the intent of the Legislature to provide for the creation of all reasonable means and methods that can be established by a humane and enlightened state, solicitous of the welfare of its children, for the prevention of delinquency and for the care and rehabilitation of juvenile […]

§49-2-1002. Responsibilities of the Department of Health and Human Resources and Division of Juvenile Services of the Department of Military Affairs and Public Safety; Programs and Services; Rehabilitation; Cooperative Agreements

(a) The Department of Health and Human Resources and the Division of Juvenile Services of the Department of Military Affairs and Public Safety shall establish programs and services designed to prevent juvenile delinquency, to divert juveniles from the juvenile justice system, to provide community-based alternatives to juvenile detention and correctional facilities and to encourage a […]

§49-2-1004. The Juvenile Services Reimbursement Offender Fund; Use; Expenditures

There is created within the State Treasury a special revenue account designated "The Juvenile Services Reimbursement Offender Fund" within and for the benefit of the Division of Juvenile Services for expenses incurred in servicing juvenile status offenders in need of stabilization and specialized supervision. Moneys shall be paid into the account by the Department of […]

§49-2-1005. Legal Custody; Law-Enforcement Agencies

The Department of Health and Human Resources may require any juvenile committed to its legal custody to remain at and to return to the residence to which the juvenile is assigned by the department or by the juvenile court. In aid of that authority, and upon request of a designated employee of the department, any […]

§49-2-1006. Reporting Requirements; Cataloguing of Services

(a) The Department of Health and Human Resources and the Division of Juvenile Services shall annually review its programs and services and submit a report by December 31, of each year to the Governor, the Legislature and the Supreme Court of Appeals. This report shall analyze and evaluate the effectiveness of the programs and services […]

§49-2-101. Authorization and Responsibility

THE DEPARTMENT OF HEALTH AND HUMAN RESOURCES. §49-2-101. Authorization and responsibility. (a) The Department of Health and Human Resources is authorized to provide care, support and protective services for children who are handicapped by dependency, neglect, single parent status, mental or physical disability, or who for other reasons are in need of public service. The […]

§49-2-105. Administrative and Judicial Review

Any person, corporation, governmental official or child welfare agency, aggrieved by a decision of the secretary made pursuant to this chapter may contest the decision upon making a request for a hearing by the secretary within thirty days of receipt of notice of the decision. Administrative and judicial review shall be made in accordance with […]

§49-2-106. Department Responsibility for Foster Care Homes

It is the responsibility of the Department of Health and Human Resources to provide care for neglected children who are committed to its care for custody or guardianship. The department may provide this care for children in family homes meeting required standards of certification established and enforced by the Department of Health and Human Resources.

§49-2-107. Foster-Home Care; Minimum Standards; Certificate of Operation; Inspection

(a) The department shall establish minimum standards for foster-home care to which all certified foster homes must conform by legislative rule. Any home that conforms to the standards of care set by the department shall receive a certificate of operation. (b) The certificate of operation shall be in force for three years from the date […]

§49-2-108. Visits and Inspections; Records

The department or its authorized agent shall visit and inspect every certified foster home as often as is necessary to assure proper care is given to the children. Every certified foster home shall maintain a record of the children received. This record shall include information in a type, form, and manner as prescribed by the […]

§49-2-109. Placing Children From Other States in Private Homes of State

An institution or organization incorporated under the laws of another state shall not place a child in a private home in the state without the approval of the department, and the agency so placing the child shall arrange for supervision of the child through its own staff or through a licensed child welfare agency in […]

§49-2-110. Development of Standards of Child Care

The department shall develop standards for the care of children. It shall cooperate with, advise, and assist all child welfare agencies, including state institutions, which care for children who have been neglected, have been adjudicated delinquent, or have special needs such as physical, mental, or intellectual disabilities, and shall supervise those agencies. The department, in […]

§49-2-111. Supervision of Child Welfare Agencies by the Department; Records and Reports

(a) In order to improve standards of child care, the department shall cooperate with the governing boards of child welfare agencies, assist the personnel of those agencies through advice on progressive methods and procedures of child care and improvement of the service rendered, and assist in the development of community plans of child care. The […]

§49-2-111b. Study of Kinship Foster Care Families

(a) The department shall conduct a study and make recommendations for improving services provided for kinship foster care families. This study shall include at a minimum: (1) A review of best practices in other states;

§49-2-111c. Priorities for Use of Funds

(a) Subject to appropriations by the Legislature, the department is authorized and directed to: (1) Enhance and increase efforts to provide services to prevent the removal of children from their homes;