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

§49-4-301. Custody of a Neglected Child by Law Enforcement in Emergency Situations; Protective Custody; Requirements; Notices; Petition for Appointment of Special Guardian; Discharge; Immunity

§49-4-301. Custody of a neglected child by law enforcement in emergency situations; protective custody; requirements; notices; petition for appointment of special guardian; discharge; immunity. (a) A child believed to be a neglected child or an abused child may be taken into custody without the court order otherwise required by section six hundred two of this […]

§49-4-302. Authorizing a Family Court Judge to Order Custody of a Child in Emergency Situations; Requirements; Orders; Investigative Reports; Notification Required

(a) Notwithstanding the jurisdictional limitations contained in section two, article two-a, chapter fifty-one of this code, family court judges are authorized to order the department to take emergency custody of a child who is in the physical custody of a party to an action or proceeding before the family court, if the family court judge […]

§49-4-401. Purpose; System to Be a Complement to Existing Programs

Transition Plans and Aftercare Plans. §49-4-401. Purpose; system to be a complement to existing programs. (a) This article: (1) Provides a system for evaluation of and coordinated service delivery for children who may be victims of abuse or neglect and children undergoing certain status offense and delinquency proceedings;

§49-4-405. Multidisciplinary Treatment Planning Process Involving Child Abuse and Neglect; Team Membership; Duties; Reports; Admissions

(a) Within thirty days of the initiation of a judicial proceeding pursuant to part six, of this article, the Department of Health and Human Services shall convene a multidisciplinary treatment team to assess, plan and implement a comprehensive, individualized service plan for children who are victims of abuse or neglect and their families. The multidisciplinary […]

§49-4-406. Multidisciplinary Treatment Process for Status Offenders or Delinquents; Requirements; Custody; Procedure; Reports; Cooperation; Inadmissibility of Certain Statements

(a) When a juvenile is adjudicated as a status offender pursuant to §49-4-711 of this code, the Department of Health and Human Resources shall promptly convene a multidisciplinary treatment team and conduct an assessment, utilizing a standard uniform comprehensive assessment instrument or protocol, including a needs assessment, to determine the juveniles mental and physical condition, […]

§49-4-407. Team Directors; Records; Case Logs

All persons directing any team created pursuant to this article shall maintain records of each meeting indicating the name and position of persons attending each meeting and the number of cases discussed at the meeting, including a designation of whether or not that case was previously discussed by any multidisciplinary team. Further, all investigative teams […]

§49-4-410. Other Agencies of Government Required to Cooperate

State, county and local agencies shall provide the multidisciplinary teams with any information requested in writing by the team as allowable by law or upon receipt of a certified copy of the circuit court's order directing the agencies to release information in its possession relating to the child. The team shall assure that all information […]

§49-4-412. Exemption From Multidisciplinary Team Review Before Emergency Out-of-Home Placements

Notwithstanding any provision of this article to the contrary, a multidisciplinary team meeting may not be required before temporary out-of-home placement of a child in an emergency circumstance or for purposes of assessment as provided by this article. As soon a practicable after the emergency circumstance, the mutidiscplinary treatment team shall convene to explore placement […]

§49-4-413. Individualized Case Planning

(a) For any juvenile ordered to probation supervision pursuant to §49-4-714 of this code, the probation officer assigned to the juvenile shall develop and implement an individualized case plan in consultation with the juveniles parents, guardian or custodian, and other appropriate parties, and based upon the results of a needs assessment conducted within 90 days […]

§49-4-501. Prosecuting Attorney Representation of the Department of Health and Human Resources; Conflict Resolution

§49-4-501. Prosecuting attorney representation of the Department of Health and Human Resources; conflict resolution. (a) The prosecuting attorney shall render to the Department of Health and Human Resources, without additional compensation, the legal services as the department may require. This section shall not be construed to prohibit the department from developing plans for cooperation with […]