In addition, every child has the right to have their needs assessed by CPS. Isner Law Office offers professional legal guidance and representation you can trust. If you are unhappy with a court decision related to CPS, this must be addressed through the legal system. The testimony of the child witness shall be taken in any room, separate and apart from the courtroom, from which testimony of the child witness can be transmitted to the courtroom by means of live, one-way, closed-circuit television. 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. If you are interested in providing your grandchild a more stable and secure future, Isner Law Office can help. Isner Law Office offers professional legal guidance and representation you can trust. 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. 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. No portion of the case may be transferred or remanded to family court for this purpose. Isner Law Office can provide legal counsel and representation for appeals in courts throughout West Virginia. In West Virginia, what constitutes child abuse and neglect is codified by law, and CPS can not investigate you for choosing to parent in ways not covered by law. These rules shall be liberally construed to achieve safe, stable, secure permanent homes for abused and/or neglected children and fairness to all litigants. 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 potential adoptive parent of the child. Children possess civil and human rights, including the right to: -experience the least trauma and interference in their lives as possible. One is low pay the entry salary for a trainee is $27,000 a year. Makes written reports to the judge and recommends what is best for the child. $.' DHHR will place the child with relatives if it is safe and appropriate. And finally, note that the CPS guidelines in West Virginia state clearly that: Conversely, reports that do not constitute a reasonable cause to suspect that child abuse or neglect has or is likely to occur but describe some behavior that the reporter or the agency believes is inappropriate, may not be accepted for Family Functioning Assessment. All revisions are detailed in the "Transmittal" document. The testing of newborns is also a controversial issue in all states. The testimony shall be deemed as given in open court. The court may hear motions and conduct conferences relating to discovery, service of process, or case scheduling by telephone or video conference call. CPS has legal and moral duties to you, as well. Mail to: West Virginia Department of Health and Human Resources, Office of Human Resources Management, EEO/Civil Rights Officer. CPS can remove children from the home. We focus on the positive: building skills (from language to homework), finding joy as a family (which is why we are called WHOLE Families! These situations may include: Custody of Child Taken by a Law Enforcement Officer, Family Court Ordering Child Into State Custody, Temporary Custody Pending a Preliminary Hearing. 8 Reasons Child Protective Services May Take Your Child from Home We strongly encourage you to read this, even though it is long and wordy. Reports can also be made to the Abuse and Neglect Hotline ( <>/Metadata 1496 0 R/ViewerPreferences 1497 0 R>> You have the right to have information collected and maintained in the course of a CPS investigation and delivery of services held in confidence in accordance with WV Code 49-5-101(a). Scores of kids are unaccounted for in West Virginia's troubled foster You have the right to be made aware of all actions taken in regard to your family throughout the life of the case and the reasons for such actions. If CPS receives this order, CPS must file an abuse and neglect petition within 48 hours. endobj CPS must have a court order to force you into taking a drug test. Charleston, WV 25305 This means the judge needs to see stronger evidence than the evidence required for family court hearings, but the judge does not need to see evidence that is as strong as the evidence needed in a criminal hearing. You have the right to be informed of complaints or allegations made against you in a manner that is consistent with the law while protecting the rights of the reporter. Safety Planning (If Necessary) 4. 3 0 obj Call Isner Law Office at (304) 636-7681. In fact, most lawyers (not that we can give legal advice) will want you to have them with you when speaking to CPS. WV Code 9-6-11 states the report must be made to the Department of Health and Human Resources immediately, but not more than 48 hours after suspecting these circumstances. We can answer all of your questions and help you get started. DHHR will do a general walkthrough of your home. vS/%1/"S8?R$LR# W/LGe:c~4? Kn?^r x}wCa!M#h\4: hc%j8icE6okAOc{6P/wb{~S?My4m-hliSip/`9?| C,ZQpS$l.48w|4~GLr7A2+kGt"?/qL,) =XK ? x%K_Ff~Hf An improvement period is the time frame the judge gives the respondent to correct issues of abuse and neglect. As used in these rules, these terms are defined as follows: "Adjudicatory hearing" shall mean the hearing contemplated by W. Va. Code 49-4-601 to determine whether a child has been abused and/or neglected as alleged in the petition; "CASA" shall mean Court-Appointed Special Advocate as set forth in Rule 52; "Child's case plan" shall mean the plan prepared by the Department . And if a CPS worker AND a police officer show up at your door, they still need a warrant to demand access to your home, and you can refuse to allow them entry unless they have a warrant. This may then be appealed to the circuit court. All motions must be accompanied by or contained within a notice of hearing setting forth the date and time of hearing on the motion. PDF Timeline Regarding the Removal of a Child by CPS - TYLA ), and creating positive behavioral change. Actual or attempted intentional infliction of physical or mental injury upon the child or any child in the home; Sexual abuse or exploitation of the child; The sale or attempted sale of the child; or. Serving Elkins, Parsons, Davis, Philippi, Belington, Buckhannon, Weston, Clarksburg, Fairmont, Morgantown, Martinsburg, & All of West Virginia, 2021 All Rights Reserved | Privacy Policy. Child Abuse and Neglect under West Virginia Law - Legal Aid WV If you provide medical attention but choose not to give your child a non-essential medication, this would not be considered child neglect. Contesting Removal Whether you work with us or not, please remember that any intervention for your child with special needs should first and foremost be FUN. xcd``d*G9202``braF fbf h If you give them permission to enter your home, you are also giving permission for them to collect evidence. Again, we can not and are not giving legal advice on this website. endobj 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. CPS does have an important job to do, and we all know of horrible examples of child abuse when CPS somehow dropped the ball. Center. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. If you are obtaining medical attention for your child, but turn down a non-critical medication , CPS can not investigate your child for denying a non-critical med. The petition shall be verified in accordance with W. Va. Code 49-4-601(b) and shall include the following: The petition and notice of the first hearing shall provide at least ten (10) days notice, unless the first hearing is a preliminary hearing regarding emergency custody pursuant to W. Va. Code 49-4-602, in which case the parties and all persons entitled to notice and the right to be heard must be provided at least five (5) days actual notice. You have the right to request a grievance hearing with regard to either the manner in which you as a parent and the child are treated by agency personnel or any other concern related to the service programs of the agency. <> So our first advice is to BREATHE. Physical Violence. 1-800-352-6513 ) 7 days a week, 24 hours a day. endstream When a co-petitioner is a parent, the judge will appoint him or her a lawyer separate from the prosecutor. Purpose of child abuse and neglect rules; construction and enforcement, Contemporaneous civil, criminal, and other proceedings, Confidentiality of Proceedings and Records; Access by Family Court, Time Computation; extensions of time and continuances, Testimony of Children; inclusion of children in hearings and multidisciplinary treatment meetings, Use of closed circuit television testimony, Motion to compel, limit, or deny discovery, Visitation and other communication with child, Pleadings allowed, Form of motions and other papers, Appointment; responsibilities of guardian, Effect of personal service on only one parent, Preadjudicatory improvement period; family case plan; status conference. A CASA is a trained volunteer who advocates for the best interests of the child. Grandparent Rights and West Virginia CPS | WV Child Abuse Attorney Typical rules for an improvement period can be: MDT stands for multidisciplinary treatment team. Removal with a court order : DFPS can request that a court sign an order to remove a child from the parents in an ex parte hearing without the parents present. If you choose to be vegan, or follow some other diet, so long as your child is developing within medical norms, CPS can not investigate you for following that diet. (a) (1) Temporary care, custody, and control upon filing of the petition. The overall goal of the abuse and neglect process is to correct problems so the family can be reunified or if that is not possible, to find a safe and loving place for the child to grow up. 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. The lawyer can continue on the case if the person they were appointed for does not have enough money to pay for a lawyer. Call (304) 636-7681. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> The case plan also includes a description of how the respondents must change their behavior. x o U endobj The judge, the attorneys for the parties, and any other person the court permits for the purpose of providing support for the child in order to promote the ability of the child to testify shall be present in the testimonial room at all times during the testimony of the child witness. stream For example: if the report of alleged abuse or neglect does not fall under the definition in the state statute then an Family Functioning Assessment will not be conducted. You are not the first family this has happened to! Here are eight of the most common reasons CPS may take children from a parent's home during an investigation. 09-2022 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. Confirm the date and estimate the length of the adjudicatory hearing. 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. You have the right to reasonable modifications and auxiliary aids for individuals with disabilities, at no additional cost, where necessary to ensure effective communication as an individual with hearing, vision, or speech impairment. Let us help you keep them safer and happier while preserving the family legacy. Children and Families, Locate Local Coordinating Agencies for Children and Family Services, Locate WV Agencies for Early Childhood Services, View/Print Child and Family Services 5yr Plan, View Strategic Plan: Reduction of Dependence on Out-of-State Placement of Youth, Early Care and Education This comprehensive child welfare resource provides state and national data on child maltreatment, foster care, kinship caregiving, permanency, and older youth in care. Over the past decade, the number of cases has increased more than 70 percent. 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. There may be more hearings after the adjudicatory hearing if the Judge orders an improvement plan for the respondents to see if they can deal with the issues that led to abuse and neglect. 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. PLUS, Affidavit for Consent for Health Care for a Minor. CPS caseworkers continuously separate children from their parents at a monthly rate 300 times greater than the number of the separations at the Mexican border that took place in May 2018. So we are offering general information here, not legal advice. The effect of entry of an order of termination of parental rights shall be, inter alia, to prohibit all contact and visitation between the child who is the subject of the petition and the parent who is the subject of the order and the respective grandparents, (footnote 1) unless the Court finds the child consents and it is in the best interest of the child to retain a right of visitation. Still, it is helpful to know about some of your rights if CPS comes to call. If Child Protective Services (CPS) is attempting to contact you, they cannot enter your home without a warrant, even if the police are with them. Aside from the general interest of visiting and enjoying grandparenting time with your grandchild, there are certain circumstances when you may wish to pursue the temporary or permanent custody of your grandchild or an eventual petition for adoption. Centralized Intake for Abuse and Neglect - West Virginia What To Do After A Car Crash: 5 Important Steps, How To Fight False Allegations And Criminal Charges In WV, Social Security Claim Denied? Learn more about your rights as a grandparent and contact Isner Law Office for legal advice and court representation statewide in West Virginia. <> 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. Even if the child is not placed with you, you should stay in contact with the DHHR worker throughout the process. No adjudicatory hearing may be held until the time for answer is set forth in the order of publication shall have expired. A co-petitioner is a person who files an abuse or neglect petition along with the prosecuting attorney. A judge may give a respondent an improvement period before an abuse and neglect adjudicatory hearing, after an abuse and neglect adjudicatory hearing, or as part of the order in an abuse and neglect adjudicatory hearing. Under West Virginia law, you may be able to petition the court to allow you to take over care of a grandchild in specific situations which may include: -When a parent is facing termination of parental rights, -When CPS has determined the child is unsafe at home and must be removed, -During a CPS Family Functioning Assessment, -To assist when a parent is unwilling or unable to perform parental duties and responsibilities, -To provide supervision, parenting assistance, or CPS safety services to a child, -Under Relative Placement as part of a CPS out-of-home safety plan, -As part of a CPS infant plan of safe care, -When a child is removed from a clandestine drug laboratory, -Temporary custody pending a preliminary hearing. The motion shall set forth the request for discovery and set forth reasons why the discovery should be denied or the response should be permitted to be limited or subject to conditions; and. 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. If a Family Court Judge learns about possible abuse and neglect, the Family Court Judge must order the DHHR to investigate. It is important to contact them early on if you want DHHR and the judge to place the child with you. <> You have a right to have an attorney appointed by the court at no cost to you at every stage of any proceeding in which CPS is petitioning the court in a case alleging child abuse or neglect. All motions shall be signed in accordance with Rule 11 of the Rules of Civil Procedure. The child witness shall testify under oath, and the examination and cross-examination of the child witness shall, in all other respects, be conducted in the same manner as if the child witness testified in the courtroom. This hearing takes places only if the parents rights have been cut off. In West Virginia, as the closest family/kin of a child, grandparents have a right to be notified of termination proceedings against a parent. 1200 Legal Foundation for Child Protective Investigations and Child Protective Services. 11 0 obj If you do allow CPS workers into your home, you are then giving them legal permission to gather evidence from your home. Case Evaluation 6. How Is Child Custody Determined In West Virginia? Contact Isner Law Office today to schedule a consultation. The MDT develops, carries out, and monitors a service plan for the family to correct the problems that led to abuse and neglect. If you do allow CPS workers into your home, you are then giving them legal permission to gather evidence from your home. These rules set forth procedures for circuit courts in child abuse and neglect proceedings instituted pursuant to W. Va. Code 49-4-601, et seq. 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. In West Virginia, Child Protective Services (CPS), which is under the Department of Health and Human Resources (DHHR), investigates possible child abuse and neglect. ~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% The case plan lists changes that must happen and services that will be provided to the family to help correct the problems. Your call will be routed to the crisis center near you. There are more than 40 vacancies around the state. 2 0 obj The disclosure provided for in this rule is not intended to limit the amount or nature of disclosure in these cases. West Virginia Autism Waiver and Social Security Disability Info. Chapter C of the Child and Family Services Manual is specifically for the Child Protective Services (CPS) program.