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Home » US Law » 2022 West Virginia Code » Chapter 49. Child Welfare » Article 4. Court Actions

§49-4-102. Procedure for Appealing Decisions

Cases under this chapter, if tried in any inferior court, may be reviewed by writ of error or appeal to the circuit court, and if tried or reviewed in a circuit court, by writ of error or appeal to the Supreme Court of Appeals.

§49-4-104. General Provisions Relating to Court Orders Regarding Custody; Rules

(a) The Supreme Court of Appeals, in consultation with the Department of Health and Human Resources and the Division of Juvenile Services in order to eliminate unnecessary state funding of out-of-home placements where federal funding is available, shall develop and disseminate form court orders to effectuate chapter forty-nine of this code which authorize disclosure and […]

§49-4-105. Hearing Required to Determine &Quot;reasonable efforts."

A hearing by a circuit court of competent jurisdiction is required to determine whether or not "reasonable efforts" have been made to stabilize and maintain the family situation before any child may be placed outside the home, except that in the event any child appears in imminent danger of serious bodily or emotional injury or […]

§49-4-106. Limitation on Out-of-Home Placements

Before any child may be directed for placement in a particular facility or for services of a child welfare agency licensed by the department, a court shall make inquiry into the bed space of the facility available to accommodate additional children and the ability of the child welfare agency to meet the particular needs of […]

§49-4-107. Penalties

A person who violates an order, rule, or regulation made under the authority of this chapter, or who violates this chapter for which punishment has not been specifically provided, is guilty of a misdemeanor and, upon conviction shall be fined not less than $10 nor more than $100, or confined in jail not less than […]

§49-4-108. Payment of Services

(a) At any time during any proceedings brought pursuant to this chapter, the court may upon its own motion, or upon a motion of any party, order the Department of Health and Human Resources to pay the Medicaid rates for professional services rendered by a health care professional to a child or other party to […]

§49-4-109. Guardianship of Estate of Child Unaffected

This chapter may not be construed to give the guardian appointed hereunder the guardianship of the estate of the child, or to change the age of minority for any other purpose except the custody of the child. The guardian of the estate of a child committed to guardianship hereunder shall furnish, when and in the […]

§49-4-111. Criteria and Procedure for Temporary Removal of Child From Foster Home; Foster Care Arrangement Termination; Notice of Child's Availability for Placement; Adoption; Sibling Placements; Limitations

(a) The department may temporarily remove a child from a foster home based on an allegation of abuse or neglect, including sexual abuse, that occurred while the child resided in the home. If the department determines that reasonable cause exists to support the allegation, the department shall remove all foster children from the arrangement, preclude […]

§49-4-112. Subsidized Adoption and Legal Guardianship; Conditions

(a) From funds appropriated to the Department of Health and Human Resources, the secretary shall establish a system of assistance for facilitating the adoption or legal guardianship of children. An adoption subsidy shall be available for children who are legally free for adoption and who are dependents of the department. A legal guardianship subsidy may […]

§49-4-113. Duration of Custody or Guardianship of Children Committed to Department

(a) A child committed to the department for guardianship, after termination of parental rights, shall remain in the care of the department until he or she attains the age of eighteen years, or is married, or is adopted, or guardianship is relinquished through the court. (b) A child committed to the department for custody shall […]

§49-4-114. Consent by Agency or Department to Adoption of Child; Statement of Relinquishment by Parent; Counseling Services; Petition to Terminate Parental Rights; Notice; Hearing; Court Orders

(a)(1) Whenever a child welfare agency licensed to place children for adoption or the Department of Health and Human Resources has been given the permanent legal and physical custody of any child and the rights of the mother and the rights of the legal, determined, putative, outside or unknown father of the child have been […]

§49-4-115. Emancipation

(a) A child over the age of sixteen may petition a court to be declared emancipated. The parents or custodians shall be made respondents and, in addition to personal service thereon, there shall be publication as a Class II legal advertisement in compliance with article three, chapter fifty-nine of this code. (b) Upon a showing […]

§49-4-201. Accepting Possession of Certain Relinquished Children

(a) A hospital or health care facility operating in this state, or a fire department that has been designated a safe-surrender site under 49-4-206 of this code, shall, without a court order, take possession of a child if the child is voluntarily delivered to the hospital, health care facility, or fire department by the childs […]

§49-4-203. Filing Petition After Accepting Possession of Relinquished Child

A child of whom the Department of Health and Human Resources assumes care, control and custody under this article is a relinquished child and to be treated in all respects as a child taken into custody pursuant to section three hundred three, article four of this chapter. Upon taking custody of a child under this […]

§49-4-204. Immunity From Certain Prosecutions

A parent who relinquishes his or her child in good faith within thirty days of the child's birth under this article is immune from prosecution under subsection (a), section four, article eight-d, chapter sixty-one of this code.