In West Virginia, Child Protective Services (CPS), which is under the Department of Health and Human Resources (DHHR), investigates possible child abuse and neglect. You have the right to be free from discrimination for reasons of age, race, color, sex, sexual orientation, mental, or physical disability, religion, creed, national origin, or political belief. The courtroom shall be equipped with monitors sufficient to permit the parties to observe the demeanor of the child witness during his or her testimony. The Child Welfare Crisis in West Virginia . Child Protective Services: The Removal Process | Texas Law Help Unfortunately, physical violence is one of the most common reasons CPS removes children from their parents. Typically, when a child is placed with an adoptive family with no biological ties to the child all rights of the parents, grandparents, and other family members regarding custody, visitation, and other factors are permanently severed. Any party receiving a written request to make information, documents, records, or evidence available for inspection, testing, copying, or photographing shall, within two (2) days, excluding weekends and holidays, comply with the request or provide a written explanation of the reasons for noncompliance to the parties and the court; A party whose request for discovery is not fully complied with may file a motion for an order compelling discovery. 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. However, limited information has been available to child welfare workers, judges, and attorneys on the utility of drug testing and how to correctly interpret the results in the context of child welfare practice. endobj Makes written reports to the judge and recommends what is best for the child. This hotline is open 24 hours a day and 7 days a week. Parent Rights and West Virginia CPS | WV Child Abuse Attorney - Isner Law State Capitol Complex, Building 3 Room 206 This suit challenged the practice of New York's City's Administration for Children's Services of removing the children of battered mothers solely because the children saw their mothers being beaten by husbands or boyfriends. At this hearing,the court will determine if the factors listed above exist. This rule merely establishes the minimum amount of disclosure required. %PDF-1.7 <>>> Phone: (304) 558-0684 If you are a relative who wants custody of a child, you can apply to get PRIDE training to be a foster parent. If CPS receives this order, CPS must file an abuse and neglect petition within 48 hours. When this happens, as a grandparent and nearest known relative you have the right to be notified that the child is being placed into state custody, to be informed to contact CPS as soon as possible and to be considered as a caretaker of the child. February 2019 1 CHILD PROTECTIVE SERVICES POLICY West Virginia Department of Health and Human Resources Bureau for Children and Families Office of Children and Adult . The testimony shall be deemed as given in open court. Call (304) 636-7681. The image and voice of the child witness, as well as the image of all other persons present in the testimony room, other than the operator, shall be transmitted live by means of live, one-way, closed-circuit television in the courtroom. In fact, most lawyers (not that we can give legal advice) will want you to have them with you when speaking to CPS. Time limits do apply, so be sure to contact us right away. stream When you suspect abuse or neglect you should report your concerns to the county office of the Department of Health and Human Resources where you live. The respondent in the abuse and neglect case is the adult who supposedly abused or neglected the children. The court retains exclusive jurisdiction over placement of the child while the case is pending, as well as over any subsequent requests for modification, including, but not limited to, changes in permanent placement or visitation, except that (1) if the petition is dismissed for failure to state a claim under Chapter 49 of the W. Va. Code, or (2) if the petition is dismissed, and the child is thereby ordered placed in the legal and physical custody of both of his/her cohabitating parents without any visitation or child support provisions, then any future child custody, visitation, and/or child support proceedings between the parents may be brought in family court. You have the right to refuse to undergo any examination by a physician, psychologist, or psychiatrist ordered by a circuit judge or any other party. A written list of names and addresses of all witnesses whom the attorney for the petitioner intends to call in the presentation of the case-in-chief, together with any record of prior convictions of any such witnesses; Not less than five (5) days prior to any hearing wherein the respondent(s) intend(s) to introduce evidence, the respondent shall provide to the attorney for the petitioner, the attorney for the child, and all other persons entitled to notice and the right to be heard, the following information: Copies of books, papers, documents, photographs, tangible objects, buildings, or places which are within the possession, custody, or control of the respondent and which the respondent intends to introduce as evidence in chief at the trial; Copies of any results and reports of physical and/or mental examinations, if any, and copies of scientific tests and/or experiments, if any, made in connection with the particular case, if any of such copies are within the possession or control of the respondent, which the respondent intends to introduce as evidence in chief at the trial or which were prepared by a witness whom the respondent intends to call at the trial when the results and/or reports relate to his or her testimony; and. GAL stands for guardian ad litem. Reports can also be made to the Abuse and Neglect Hotline ( 1-800-352-6513 ) 7 days a week, 24 hours a day. Chapter C of the Child and Family Services Manual is specifically for the Child Protective Services (CPS) program. Citations to statutes relied upon in requesting the intervention of the court and how the alleged misconduct or incapacity comes within the statutory definition of neglect and/or abuse; A description of all of the children in the home or in the temporary care, custody or control of the alleged offending parent(s), including name, age, sex, and current location, unless stating the location would endanger the child or seriously risk disruption of the current placement; A statement of facts justifying court intervention which is definite and particular and describes: The specific misconduct, including time and place, if known, or incapacity of the parent(s) and other person(s) responsible for the child's care; and. The court shall send a copy of the petition and notice of first hearing to the appropriate CASA representative, if one is appointed. You are not the first family this has happened to! So if you homeschool and comply with homeschool law, CPS can not investigate you for homeschooling. . Under no circumstances may a party file a petition in more than one county based on the same set of facts. DHHR will do a general walkthrough of your home. This may then be appealed to the circuit court. So it is almost always in your benefit to have a lawyer, and why we are saying speak to your lawyer. endstream endobj In any case in which a child over the age of eleven (11) years is to be a witness, the court, upon order of its own or upon motion of a party, and upon a finding of good cause, shall permit the child witness to testify through live, one-way, closed-circuit television whereby there shall be no transmission into the room from which the child witness is testifying. JFIF ZExif MM * J Q Q Q C 2022 West Virginia Court System - Supreme Court of Appeals. You can also inform CPS that you will speak to them when you have contacted your lawyer and your lawyer is present. All Rights Reserved. Under West Virginia law (W.Va. Code 49-1-201), a childs health and well-being can be threatened in a few ways: Neglect means that a childs physical or mental health is harmed or threatened by a parents failure, refusal, or inability to provide: Neglect can also be a result of the child being without these basic necessities because of the absence of the parent (W.Va. Code 49-1-201). stream CPS is like any other law enforcement agency. See the general grievance procedure for West Virginia social services for more information. When a child is found in this state and is under the protection of the court and no parent or custodian has been found within this jurisdiction, the court may order service of the notice by publication and proceed with the proceeding. Under the Code of West Virginia, what is considered child abuse and neglect is precisely defined. If the Department is a petitioner, the petition may also be filed where the alleged abuse and/or neglect occurred, where the custodial respondent or one of the other respondents resides, or to the judge of the court in vacation. When involved with CPS, children enjoy all of the same relevant and respective rights as their parents. If a Family Court Judge learns about possible abuse and neglect, the Family Court Judge must order the DHHR to investigate. Information as required by the Uniform Child Custody Jurisdiction and Enforcement Act, W. Va. Code 48-20-101 et seq. Call the DHHRsCentralized Intake for Abuse and Neglectat 1-800-352-6513. Start a Child Care At initial family contact, you have the right to be asked if you are represented by legal counsel and if so, the CPS caseworker is forbidden to conduct the interview without your attorneys permission. Anyone who is providing services to the respondents to help them deal with the issues that led to abuse and neglect; The foster parents or custodial relatives; and. Timeline of CPS Action In West Virginia | Statewide Child Abuse Defense At initial family contact, you have the right to be informed of your rights, and receive a copy of the booklet, A PARENTS GUIDE TO WORKING WITH CHILD PROTECTIVE SERVICES. This order will be used to decide where the child will ultimately reside. You have the right to be allowed access to your personal file in accordance with WV Code 49-5-101(b). 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. You have a right to have an attorney of your choice present before speaking with CPS. We are having phone issues and our main number 304-636-7681 not connecting. We can answer all of your questions and help you get started. ~hVRLUcrL$/*i52/e&en1\XQLZ&Tz MV,2{"-e/H4H]%N9hab) 7Eld`^.( !uYIqf /|C@FfD+40s7k~Xv]# W X5oTwYUol8%i[=E[{$p/B{#?Zq_mBd+Sjbpdu?Pp\alIm Uhn?B)(.oFa!f |\ |4qcM`$ c;ooK9,5% Except as provided for in Rule 5, extensions of time and continuances beyond the times specified in these rules or by other applicable law shall be granted only for good cause, regardless of whether the parties are in agreement. endobj Find Top Charleston, WV CPS Lawyers Near You - LawInfo 1-800-352-6513 ) 7 days a week, 24 hours a day. You have the right to be informed of the findings of child abuse and neglect investigations and how the findings will affect the family, as well as the individual. ",#(7),01444'9=82. <> A dispositional hearing is a final hearing in an abuse and neglect case. An initial order is the first order from the Circuit Court Judge in an abuse and neglect case. Deny, limit, or set conditions on the requested discovery. If these rules conflict with other rules or statutes, these rules shall apply. Although family, neighbors, school officials, and others may not understand your decisions or agree with your logic, that does not mean you are guilty of child abuse. 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. Our West Virginia CPS attorneys can help protect your rights when accused of child abuse, child neglect, child endangerment, and related allegations in West Virginia. Child Protective Services is a service provided by the West Virginia Department of Health and Human Resources.