Deny, limit, or set conditions on the requested discovery. endobj 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. 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. Time frames prescribed in these rules shall be computed in accord with Rule 6(a) of the W.Va. Rules of Civil Procedure. 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. All revisions are detailed in the "Transmittal" document. New York legislature established the New York State Child Protective Services Act of 1973 to organize an institution where case workers thoroughly investigate child abuse and neglect reports. Report Abuse or Neglect. General CPS Grievances You have a right to express concern for the way you or your child were treated, including any services you are (and are not) permitted to receive. If these individuals choose to make a report of abuse or neglect, even if CPS believes your behavior is inappropriate, you may not be accepted for a Family Functioning Assessment when there is no reasonable cause to suspect that child abuse has occurred or is likely to occur. Informal Kinship Care Arranging to care for the childs needs without the involvement of DHHS. Family Functioning Assessment 3. Joseph R. Scotti, PhD/BCBA-D, and Claudia Neely MA/BCBA work in every county in West Virginia, helping families impacted by special needs. West Virginia Programs and Rights Information, How to file a Due Process Complaint about IEPs in West Virginia, Mediation Information for IEPs in West Virginia, The West Virginia Department of Educations Advocacy Guide to Special Education, The West Virginia Parent Training and Information Project. 1200 Legal Foundation for Child Protective Investigations and Child Protective Services. By agreement of the parties or motion filed in accord with Rule 17(c), the court may hear testimony by telephone or video conference call. 4 0 obj A co-petitioner is often a parent who has not abused the child, and who has been a victim of domestic violence. 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. 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. Upon its own motion or upon the request of a party, the court may limit discovery methods and specify its overall timing and sequence provided that each party shall be allowed a reasonable opportunity to obtain information needed for the preparation of his or her case. Safety Planning (If Necessary) 4. The caseworkers at Child Protective Services can legally remove your children from your home, but only under certain circumstances. Time limits do apply, so be sure to contact us right away. 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. What is neglect under West Virginia law? We can answer all of your questions and help you get started. However, you should be aware that if you deny CPS and law enforcement entry to your home, they may be able to obtain a warrant rapidly by phone under some circumstances. Knowing your rights is important. % Under no circumstances shall a child abuse and neglect proceeding be delayed pending the initiation, investigation, prosecution, or resolution of any other proceeding, including, but not limited to, criminal proceedings. If a relative placement is not possible, DHHR looks for someone who is not a relative but has a bond with the child. There are more than 40 vacancies around the state. Visitation between the child and his siblings shall continue, and a plan for regular contact between siblings, where they are not placed together, shall be incorporated into the permanent plan for the child whenever possible, unless the court finds it is not in the best interest of both the child and his siblings to retain a right of visitation. endobj Such a proceeding shall be effective against the interests to parents and custodians to the extent permissible under general law. In addition, every child has the right to have their needs assessed by CPS. Read the article onChild Abuse and Neglect: How Can Relatives Become Involved to Help The Childfor more information. The adult respondents (if they are not parents or guardians); The Guardian Ad Litem (childrens lawyer). Let us help you keep them safer and happier while preserving the family legacy. The judge will appoint lawyers in the judges first order in an abuse and neglect case. These include, but are not limited to: Under the Constitution of the United States and the Constitution of West Virginia, your right as a parent to the custody of your child is a fundamental personal liberty protected and guaranteed by the Due Process Clauses of each. <> CPS can remove children from the home. The child is in imminent danger. *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). Each child abuse and neglect proceeding shall be maintained on the circuit court's docket until permanent placement of the child has been achieved. When at least one of the childs parents is determined to be fit, the court will always grant custody to the parent. The CPS social worker must include their name and contact information in this booklet. The names of people who call to report are kept confidential. 3 0 obj and 48-10-101, et seq. To provide fair, timely and efficient disposition of cases involving suspected child abuse or neglect; To provide for judicial oversight of case planning; To ensure a coordinated decision-making process; To reduce unnecessary delays in court proceedings through strengthened court case management; and. You also have the right to have a service animal in all DHHR offices even where pets are generally prohibited. The respondent in the abuse and neglect case is the adult who supposedly abused or neglected the children. This rule merely establishes the minimum amount of disclosure required. 576 0 obj <> endobj In all other cases, the final adjudicatory hearing shall commence within thirty (30) days of the filing of the petition or, if a preadjudicatory improvement period has been ordered, as soon as possible, but no later than thirty (30) days, after the conclusion of such preadjudicatory improvement period. 1-800-352-6513 ) 7 days a week, 24 hours a day. 2 0 obj They commonly happen in secret and without fanfare. Abuse and Neglect reporting, West Virginia Department of Health & Human Resources The child (if old enough and appropriate). About Child Abuse and Neglect. Guardian ad litem is a lawyer who represents the child and the childs best interests. It details your rights here in West Virginia and informs you how CPS should proceed. To request assistance, contact the HHR Specialist at WV DHHR Children and Adult Services (304) 558-0955. Serving Elkins, Parsons, Davis, Philippi, Belington, Buckhannon, Weston, Clarksburg, Fairmont, Morgantown, Martinsburg, & All of West Virginia, 2021 All Rights Reserved | Privacy Policy. These rules shall be liberally construed to achieve safe, stable, secure permanent homes for abused and/or neglected children and fairness to all litigants. The court shall send a copy of the petition and notice of first hearing to the appropriate CASA representative, if one is appointed. DHHR staff prepare a family case plan with the help of the lawyers and the MDT. <>>> A dispositional hearing is a final hearing in an abuse and neglect case. Petition to court when child believed neglected or abused; temporary care, custody, and control of child at different stages of proceeding; temporary care; orders; emergency removal; when reasonable efforts to preserve family are unnecessary. 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. There are several reasons CPS can take your child away, and fetal exposure to alcohol or illegal drugs is near the top of the list. The person requesting visitation shall set forth his or her relationship to the child and the degree of personal contact previously existing with the child. You have the right to be allowed access to your personal file in accordance with WV Code 49-5-101(b). As a parent, you have civil rights and human rights. Children possess civil and human rights, including the right to: -experience the least trauma and interference in their lives as possible. Community, Protective Capacities Family Assessment, Family Case Plan, and Family Case Plan Evaluation, Child Protective Services and other related policies, Benchbook for Child Abuse and Neglect Proceedings and other relevant information, National Resource Center for Child Protective Services, Atlantic Coast Child Welfare Implementation Center. Isner Law Office can assist with this process. CPS must have a court order to force you into taking a drug test. Typical rules for an improvement period can be: MDT stands for multidisciplinary treatment team. As a Relative Care Provider for a ward of the state of West Virginia, you must work toward West Virginia Foster Parent Certification. February 16, 2021 - 6:25 pm. They cannot come into your home without a warrant, whether they are alone or with the police/law enforcement. If your issue is an emergency, call 911 or go to your nearest emergency room. Child abuse means that a childs health and well-being is being harmed or threatened. There is also high turnover because caseloads . 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. The judge determines what needs to be done to give the child a permanent home. Makes written reports to the judge and recommends what is best for the child. Child Protective Services is a service provided by the West Virginia Department of Health and Human Resources. As with all CPS interventions, CPS must inform you of your rights related to accepting and cooperating with any proposed In-Home Safety Plan, as well as any alternatives or consequences. The most important thing to do is know your rights, read the laws, and get a lawyer. Its purpose is to protect children from abuse, neglect, and any further exploitation. You have the right to refuse Child Protective Services as well as the right to be advised of the consequences when you refuse said services. CPS must then immediately go to a Circuit Court judge or Magistrate Court judge and ask for an order for emergency custody. 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. endobj PRIDE training teaches foster and adoptive parents skills and prepares them for the challenges of fostering or adopting a child. You will be granted broad decision-making capability and authority for the child. Again, this is not a legal website, and we are not lawyers. Under no circumstances may a party file a petition in more than one county based on the same set of facts.
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