The judge decides at the end of the hearing if the child is abused and neglected. Our West Virginia CPS attorneys help grandparents protect their rights when seeking the custody or adoption of a grandchild in West Virginia. See the general grievance procedure for West Virginia social services for more information. 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. For example, you may choose to serve meals based on a non-traditional diet, such as vegan. 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. No police officer or CPS worker can come into your home without your permission UNLESS they have a warrant. 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. Gathers information by talking to witnesses and reviewing records; Monitors the judges orders and case plans; and. If you pass these checks, DHHR will certify you as a foster parent and you can get financial help in caring for the child. If you do allow CPS workers into your home, you are then giving them legal permission to gather evidence from your home. 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. ",#(7),01444'9=82. However, if DHHR or the prosecutor refuse to bring an abuse and neglect petition, any person who believes abuse and neglect took place can file an abuse and neglect petition in Circuit Court. <>/Pattern<>/Font<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Call (713) 222-6767 for a free consultation. It's traumatizing for both the family and the children, and is normally the . 7 0 obj These rules are not to be applied or enforced in any manner which will endanger or harm a child. <> Under the Code of West Virginia, what is considered child abuse and neglect is precisely defined. Under all circumstances, the image of the child witness transmitted shall include the entirety of his or her person ordinarily subject to observation by the human eye, subject to such limitations as may be unavoidable by reason of standard courtroom furnishings. The adult respondents (if they are not parents or guardians); The Guardian Ad Litem (childrens lawyer). Isner Law Office offers professional legal guidance and representation you can trust. 9 0 obj So think before letting a CPS worker into your home without a warrant. CPS Removals in Harris County: How to Get Your Child Home 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. Timeline of CPS Action In West Virginia | Statewide Child Abuse Defense Our second piece of advice is to get a lawyer, because a lawyer can give you legal advice and neither of us are West Virginia lawyers. We can answer all of your questions and help you get started. When at least one of the childs parents is determined to be fit, the court will always grant custody to the parent. An order for removal is typically granted by a judge, either after an investigation or before an investigation if they consider your situation such a severe emergency that it requires instant separation. CPS does have an important job to do, and we all know of horrible examples of child abuse when CPS somehow dropped the ball. You also have the right to have a service animal in all DHHR offices even where pets are generally prohibited. Child Protective Services Handbook 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. xUn0+x$bERc0@HP=(pF$eE,k;%9Y&)--Wb|sR:=%kwu+RU6 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. 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. Or, if a Family Functioning Assessment is conducted and there is a threat to child safety, Ongoing Child Protective Services will be provided which includes completing a Protective Capacities Family Assessment and Family Case Plan Evaluation. (a) (1) Temporary care, custody, and control upon filing of the petition. 1 0 obj The county prosecutor usually files an abuse and neglect petition in front of the Circuit Court Judge on behalf of the DHHR. The Safety Assessment and Management System Casework Process is: Select the above links for more information on each process. The petition has been dismissed and the child has been returned to the home or to a relative with no custodial supervision by the Department; The child has been placed in the permanent custody of a non-abusive parent; or, A permanent out-of-home placement of the child has been achieved following entry of a final disposition order. 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. <> endstream The law says that brothers and sisters who are in foster care should be permanently placed together if possible. However, this does not apply in some cases, including when a parent: -is deemed unfit due to misconduct, neglect, abandonment, or another failure to meet a childs basic needs, -loses parental rights under a court termination order, -is deceased (this does not override a Will, Trust, or any other valid, relevant legal documents executed prior to death), -is arrested and imprisoned, in some cases, -leaves a child with a grandparent and does not return, -chooses to voluntarily give up custody of the child due to illness, -no longer wants a child to live with them. Chapter C of the Child and Family Services Manual is specifically for the Child Protective Services (CPS) program. The DHHR worker needs to know if anything happens with the child or the parent. Time limits do apply, so be sure to contact us right away. xZo8!eD:,Hl5YC:Yr*%~6p/\fyK~m|],m||}..UYem~&.cqy~'099N3S}p~uF PDF Timeline Regarding the Removal of a Child by CPS - TYLA x o U endobj We strongly encourage you to consult your lawyer should legal issues arise in parenting your child or children with special needs. and 48-10-101, et seq. What CPS Can And Cannot Legally Do During Investigations 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. Isner Law Office can assist with this process. During this hearing, the judge must choose the least restrictive action to take on the case. When domestic violence is present in your home, as a victim you have the right to have CPS provide written information about your rights, local domestic violence programs including any hotlines, shelter, counseling, and advocacy services. You have a right to have an attorney of your choice present before speaking with CPS. 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. 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. Any supportive services provided by the Department or others to remedy the alleged circumstances. *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). The court shall hear and rule on a discovery motion within seven (7) days after it is filed. You also have the right to explore various safety measures and decide what is best for your situation. endobj At this hearing,the court will determine if the factors listed above exist. 2 0 obj . But dealing with CPS is stressful and can be scary. The state of West Virginia cannot mandate that you raise your child or parent in a specific way, as long as you otherwise abide by the law. PDF CHILD PROTECTIVE SERVICES POLICY - West Virginia 3 0 obj West Virginia Bureau for Children and Families - Home Page - WV DHHR 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. The judge may permit liberal consultation between counsel and the parties by adjournment, electronic means, or otherwise. Its purpose is to protect children from abuse, neglect, and any further exploitation. Pass an Adult Protective Services and Child Protective Services (APS/CPS) Check, 4. West Virginia Code | 49-4-602 State-level Data for Understanding Child Welfare in the United States Information as required by the Uniform Child Custody Jurisdiction and Enforcement Act, W. Va. Code 48-20-101 et seq. When a child is placed in the temporary custody of the Department or a responsible person pursuant to W. Va. Code 49-4-602, the final adjudicatory hearing shall commence within thirty (30) days of the temporary custody order entered following the preliminary hearing and must be given priority on the docket unless a preadjudicatory improvement period has been ordered. If the CPS Supervisor agrees with your CPS Case Workers recommendation that your family should undergo a Family Functioning Assessment, you have a right to be notified of this in writing. The MDT develops, carries out, and monitors a service plan for the family to correct the problems that led to abuse and neglect. 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. If only one parent supposedly abused the children, the other parent can be a respondent if they knew about the abuse and could have stopped it. The booklet is entitled A Parents Guide to Working with Child Protective Services. CPS should ask you if you have a lawyer which is required in their guidelines, and if you indicate yes, they should then make sure you have your lawyers permission to speak with them again required in CPSs guidelines. CPS helps prevent further harm to children from intentional physical or mental injury, sexual abuse, exploitation or neglect by . 49-4-602. The visitation order of the circuit court shall be enforceable upon entry unless a stay of execution of said order is issued by the circuit court or the Supreme Court of Appeals. Meets with the social worker and the childs teachers; Works with service providers and the CASA volunteer; Represents the child at hearings and MDTs; Helps develop and monitor improvement periods; and.
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