Pass an Adult Protective Services and Child Protective Services (APS/CPS) Check, 4. <>>> When the Child Protective Services System Gets Child Removal Wrong A permanent out-of-home placement has been achieved only when the child has been adopted, placed in a legal guardianship, placed in another planned permanent living arrangement (APPLA), or emancipated; and, Ordered by the court for good cause shown; or. Joseph R. Scotti, PhD/BCBA-D, and Claudia Neely MA/BCBA work in every county in West Virginia, helping families impacted by special needs. All external hyperlinks are provided for your One is low pay the entry salary for a trainee is $27,000 a year. 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. Child Abuse and Neglect under West Virginia Law Abuse & Neglect, Child Custody & Parenting Plans Last updated on 08/23/2021 at 3:56 pm What is child abuse under West Virginia law? Having a psychological evaluation and following what is recommended; Getting treatment for drug or alcohol abuse; Going to supervised or unsupervised visits with the child; and. 6 0 obj Time limits do apply, so be sure to contact us right away. SIX STEPS OF CPS ACTION 1. We can answer all of your questions and help you get started. If a child is removed by CPS without a hearing, an emergency hearing mustbe held by a court on the "first working day" after removal, but no more thanthree days after removal (Texas Family Code ("TFC") 262.106). Contact Isner Law Office for legal counsel and representation statewide in West Virginia. We can answer all of your questions and help you get started. Confirm the date and estimate the length of the adjudicatory hearing. We work primarily in homes, but also schools and other institutional settings. 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. Information as required by the Uniform Child Custody Jurisdiction and Enforcement Act, W. Va. Code 48-20-101 et seq. They cannot come into your home without a warrant, whether they are alone or with the police/law enforcement. The DHHR worker needs to know if anything happens with the child or the parent. You may be able to access financial assistance including: Formal Kinship Care (Relative Care Provider) Relatives acting in the interest of the state as certified foster parents for children under state custody. 1 0 obj A CASA is a trained volunteer who advocates for the best interests of the child. It is important to note that the West Virginia Supreme Court of Appeals, as well as the United States Supreme Court, have previously ruled that a fit parent has the inherent right to make all decisions regarding the care, custody, and control of his or her own children. Pass a Home Study (including a home visit, safety check, interviews, and paperwork), 3. JFIF ZExif MM * J Q Q Q C endstream Definitions. This rule merely establishes the minimum amount of disclosure required. endobj 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. If CPS has taken or is threatening to remove your children, contact a defense attorney right away. 1212 Texas Family Code. x o U The Child Welfare Crisis in West Virginia . endobj Even if the child is not placed with you, you should stay in contact with the DHHR worker throughout the process. Sorry for the inconvenience. Exhibits admitted into evidence shall be retained by the court for two (2) years or until dismissal of the proceedings from the court's docket, whichever occurs later, unless preservation of the exhibit is impractical or the parties agree that it is no longer necessary. This hotline is open 24 hours a day and 7 days a week. Consideration shall be given to the child's preferences and developmental maturity. endobj 1. 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. C]an M(xX{h$}?4/l0=4A@#$X'a1ti5L+uBsX&B4C8M.H3y9/_h]}}{<=dKY&;.R4ArhrE@Fs;4ehM\0E%!CP=yA,PT#+nD:BYKY3 B:kCp\QhrXdvRjENS(>`pUmTn'>oX0IG (6XH2pWU?Gu 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. Mail to: West Virginia Department of Health and Human Resources, Office of Human Resources Management, EEO/Civil Rights Officer. 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. It is important to contact them early on if you want DHHR and the judge to place the child with you. 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. You are entitled to a copy of your file at no cost. 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. In West Virginia, as the closest family/kin of a child, grandparents have a right to be notified of termination proceedings against a parent. Williams, Case No. We strongly encourage anyone dealing with CPS to get a lawyer for legal advice as soon as possible. Case Evaluation 6. When the testimony of the child witness is transmitted from the testimonial room into the courtroom, the court stenographer shall record the testimony in the same manner as if the child witness testified in the courtroom. The same criteria for suitability apply as with other similar proceedings, including that the relationship is in the childs best interest and that the grandparent be fit to care for the needs of the child. To reach our office please use either: Family Functioning Assessment Notification Letters, Right of Sexual Assault Victims to Terminate Parental Rights, Federal Discrimination Grievance Procedure, How To Divorce In WV: 6 Simple Steps To Freedom, How Much Child Support Will I Get WV Law. Serving Elkins, Parsons, Davis, Philippi, Belington, Buckhannon, Weston, Clarksburg, Fairmont, Morgantown, Martinsburg, & All of West Virginia, 2021 All Rights Reserved | Privacy Policy. xUn0+x$bERc0@HP=(pF$eE,k;%9Y&)--Wb|sR:=%kwu+RU6 DO NOT SPEAK TO THEM other than to inform them that you will speak to them when you have contacted your attorney, and when your lawyer is present. Grandparent Rights and West Virginia CPS | WV Child Abuse Attorney endobj This notification letter must mention that the maltreatment findings could affect your future employment, as well as your right to appeal and the process to request a grievance. What To Do After A Car Crash: 5 Important Steps, How To Fight False Allegations And Criminal Charges In WV, Social Security Claim Denied? 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. What To Do After A Car Crash: 5 Important Steps, How To Fight False Allegations And Criminal Charges In WV, Social Security Claim Denied? 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. 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. The most recent edition of the guidance manual is listed first. In determining the appropriateness of granting visitation rights to the person seeking visitation, the court shall consider whether or not the granting of visitation would interfere with the child's case plan and the overall effect granting or denying visitation will have on the child's best interests. Start a Child Care You have a right to have an attorney of your choice present before speaking with CPS. 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. The caseworkers at Child Protective Services can legally remove your children from your home, but only under certain circumstances. Call (304) 636-7681. When it comes to raising your child, you have many rights as a parent. stream PDF Guidelines for Addressing Pregnancies and New Babies 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. Case Closure Knowledge Is Power Protect Your Family and Your Parental Rights In WV Call (304) 636-7681. These guidelines are to be used when a pregnancy or new birth is a factor in a report of child abuse, a CPS assessment or during ongoing case management. Child Protective Services is a service provided by the West Virginia Department of Health and Human Resources. When a child is removed from a West Virginia home due to abuse or neglect, kin (family members) who are able to provide a safe, stable home must be given preference. You may also protest the maltreatment substantiation through the Board of Review Grievance Process by completing the hearing request form and returning it within 60 days. The purpose of the guidelines is to assist department staff in addressing child safety in these 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 February 16, 2021 - 6:25 pm. DHHR: CPS referrals down 8,000 in 2020 due to pandemic West Virginia law provides courts with the authority to transfer custody of a child when it is in the best interest of the child. 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. <> 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.