cps guidelines for child removal wv
GAL stands for guardian ad litem. As a parent, except in cases involving certain aggravating circumstances* and when consistent with the permanency plan for the child, you have the right to reasonable efforts made on your behalf to preserve and reunify your family, including the right to: -prevent or eliminate the need for removing the child from your home prior to placement in foster care, -have actions taken by DHHR to stabilize and maintain your family situation, -a DHHR determination that no appropriate or available services would alleviate or mitigate the safety threat to the child, before initiating any procedure to take custody of the child, -make it possible for your child to safely return to your home. 1-800-352-6513 ) 7 days a week, 24 hours a day. 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. When a family court judge has ordered CPS to assist in the emergency custody and placement of a child based on clear and convincing evidence that there is exists an imminent danger to the physical well-being of the child as defined in WV Code 49-1-201, the child is not the subject of a pending action before the circuit court alleging abuse and neglect of the child, and there are no reasonable available alternatives to the emergency custody order, the CPS Social Worker MUST determine if any family members should be considered for placement of the child. The caseworkers at Child Protective Services can legally remove your children from your home, but only under certain circumstances. 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. Even if the child is not placed with you, you should stay in contact with the DHHR worker throughout the process. 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. xc```b``e`2.30 3r40=d>ytUDMSgYqY\IR+5otz\]}|Oi_}Q V)s7j7}vJGr[$cUODrFn j~vP6rp=3W[v~vw;v8sai1+dnsg[6^CNTYrn+gJUvGv4k]U2yfG}gW:k~VY~aW}?7?yw)h~[K ynU?KYOYp,/m|r)*MVO8TcS{2~*u+}bQiJH f1S0+3c96Ipl5)_x[? To get an improvement period, the respondent must admit there is a problem and make efforts to correct the problem. There are many reasons why grandparents in West Virginia may find themselves seeking temporary custody, permanent custody, or the adoption of a grandchild. Learn more - xUn0+x$bERc0@HP=(pF$eE,k;%9Y&)--Wb|sR:=%kwu+RU6 The lawyer can continue on the case if the person they were appointed for does not have enough money to pay for a lawyer. If a CPS worker believes that a child cannot be protected in his own home, CPS must attempt to arrange alternative placement with a suitable relative, such as a grandparent, or neighbor before filing a petition. The judge may cut off or terminate the parents rights if the evidence shows that the abuse and neglect was severe and/ or if the respondents cannot change the issues that led to the abuse and neglect. 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. 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. All revisions are detailed in the "Transmittal" document. Center. <>/Pattern<>/Font<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Circuit Courts Judges are the judges in West Virginia that hear child abuse and neglect cases. The testimony shall be deemed as given in open court. If you believe CPS discriminated against you or your family on the basis of disability, race, color, national origin, age, sex, sexual orientation, gender identity, religion, or any other protected class, you may complete and mail Form IG-CR-3 within 180 days of the date you became aware of the alleged discriminatory act against you to file an internal grievance within the DHHR. A co-petitioner is a person who files an abuse or neglect petition along with the prosecuting attorney. Isner Law Office can assist with this process. The law says that brothers and sisters who are in foster care should be permanently placed together if possible. No police officer or CPS worker can come into your home without your permission UNLESS they have a warrant. Chapter C of the Child and Family Services Manual is specifically for the Child Protective Services (CPS) program. 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. A co-petitioner is often a parent who has not abused the child, and who has been a victim of domestic violence. If you give them permission to enter your home, you are also giving permission for them to collect evidence. No police officer or CPS worker can come into your home without your permission UNLESS they have a warrant. CPS must have a court order to force you into taking a drug test. Report Abuse or Neglect. pages. The order may also appoint a volunteer who helps look at what will be best for the child called a CASA or Court Appointed Special Advocate. Pass an Adult Protective Services and Child Protective Services (APS/CPS) Check, 4. Sorry for the inconvenience. 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. Learn more about your rights as a grandparent and contact Isner Law Office for legal advice and court representation statewide in West Virginia. The Path to Racial Equity in Child Welfare: Valuing Family and Community (PDF - 1,642 KB) $.' Child welfare officials said the bulk of children were removed due to parental substance abuse and neglect. I have even told families not to get too stressed out by this, as your first CPS call is common for many of us with kids with special needs. Unless there is documented good cause that doing so would be seriously detrimental to the best interests of the child, a parent who is not subject to the Family Functioning Assessment also has the right to receive written notification that the child is unsafe or has been maltreated. When you suspect abuse or neglect you should report your concerns to the county office of the Department of Health and Human Resources where you live. However, we are not lawyers and can not give legal advice. Isner Law Office can provide legal counsel and representation for appeals in courts throughout West Virginia. endstream C]an M(xX{h$}?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 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. 582 0 obj <<9c1badf8d5d244d42572ab3e88c359d0>]>>stream sponsor or endorse the accuracy of the information on externally linked To legally enter your home, CPS needs a court order or the belief that your child is in imminent danger. Complete the Parent Resources for Information, Development, and Education (PRIDE) Training. 1210 State Laws Governing DFPS. If CPS believes a child is in danger, CPS may take emergency custody of the child before an emergency abuse and neglect petition is filed with a court. If your issue is an emergency, call 911 or go to your nearest emergency room. Still, it is helpful to know about some of your rights if CPS comes to call. 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. Why diagnosis matters in Early Intervention. When a co-petitioner is a parent, the judge will appoint him or her a lawyer separate from the prosecutor. Children possess civil and human rights, including the right to: -experience the least trauma and interference in their lives as possible. Finally, in West Virginia, CPS workers are required to give you a pamphlet outlining all of your rights. When a CPS caseworker has evidence that a child has been a victim of . If you are interested in providing your grandchild a more stable and secure future, Isner Law Office can help. 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. If DHHR finds that there is abuse and neglect, DHHR will notify the Circuit Court Judge, who will hear the case. The case plan also includes a description of how the respondents must change their behavior. The judge may permit liberal consultation between counsel and the parties by adjournment, electronic means, or otherwise. West Virginia law tries to keep brothers and sisters together if the judge decides that DHHR should keep custody of the children. endstream endobj COURT ACTIONS. The child, his or her parents, and his or her legal custodians have the right to a lawyer. Pursuant to W.Va. Code 49-4-601(a), the Department or a reputable person may file a petition to initiate a child abuse and neglect proceeding in the circuit court in the county where the child resides. Victims of sexual assault resulting in pregnancy have the right to petition the court to terminate the parental rights of their abuser without the involvement of DHHR. Our child abuse attorneys deal with CPS on your behalf. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Sends a written report to the judge with recommendations for the childs best interest. If you are a relative or non-custodial parent of a child who is in an abuse and neglect case and have questions, or if you are a neighbor who witnessed child abuse and neglect and have questions, you can contact Legal Aid toapply for help. CPS can usually only remove a child from their home if there's a valid, reasonable concern for the child's safety. 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). West Virginia has a chronic shortage of child protective service workers, according to this article on the WBOY Channel 12 Web site. The rules applicable to captions and other matters of form of pleadings apply to all motions and other papers provided for by these rules. Case Closure Knowledge Is Power Protect Your Family and Your Parental Rights In WV West Virginia has the highest rate of foster care removals in the country. Over the past decade, the number of cases has increased more than 70 percent. % 1200 Legal Foundation for Child Protective Investigations and Child Protective Services. The operator shall place herself or himself and the closed-circuit television equipment in a position that permits the entire testimony of the child witness to be transmitted to the courtroom. <>>> The most recent edition of the guidance manual is listed first. If you provide medical attention but choose not to give your child a non-essential medication, this would not be considered child neglect. All motions shall be signed in accordance with Rule 11 of the Rules of Civil Procedure. So you have the right unless they have a warrant to demand to talk with CPS when your lawyer is with you. 1. The Child Welfare Crisis in West Virginia . 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. This comprehensive child welfare resource provides state and national data on child maltreatment, foster care, kinship caregiving, permanency, and older youth in care. The judge will appoint lawyers in the judges first order in an abuse and neglect case. <> Reports can also be made to the Abuse and Neglect Hotline ( 1-800-352-6513 ) 7 days a week, 24 hours a day. If at any time the court orders a child removed from the custody of his or her parent(s) and placed in the custody of the Department or of some other responsible person, the court may make such provision for reasonable visitation, telephone or video calls, letters, email, or other communication as is consistent with the child's well-being and best interests. At the adjudicatory hearing, the prosecutor, the respondents lawyers, and the childrens lawyers present evidence to support or to defend against the abuse and neglect claims set forth in the petition. Phone: (304) 558-0684 stream 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. 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. <> 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. It details your rights here in West Virginia and informs you how CPS should proceed. Grandparents can be considered for temporary custody, permanent custody, and adoption, as relevant. The MDT will meet at least once every 3 months until the Judge decides where the child should be permanently placed. 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. 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. The proceedings shall be recorded and transcripts produced according to the provisions of W. Va. Code 49-4-601(k). 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. (a) (1) Temporary care, custody, and control upon filing of the petition. The case plan lists changes that must happen and services that will be provided to the family to help correct the problems. When it comes to raising your child, you have many rights as a parent. 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. We can answer all of your questions and help you get started. What is neglect under West Virginia law? These rules are designed to accomplish the following purposes: As used in these rules, these terms are defined as follows: A circuit court before which a civil petition is filed pursuant to W. Va. Code 49-4-601, et seq., may order any other proceeding pending before another circuit court, family court, or magistrate court which arises out of the same facts alleged in the civil petition or involves the question of whether such abuse and neglect occurred transferred to the court where the civil petition is pending and may consolidate such proceedings, except criminal and delinquency proceedings, all in accordance with Rule 42 of the Rules of Civil Procedure and W. Va. Code 56-9-1. 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. Yes, the DHHR must search for possible relatives who are interested in taking the child and would be a good, safe placement. You are entitled to a copy of your file at no cost. You can read the West Virginia guidelines for Child Protective Services here. Because the parent was a victim, he or she could not stop the child abuse and neglect. Williams, Case No. Unfortunately, physical violence is one of the most common reasons CPS removes children from their parents. <>>> 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. 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. 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. Call (304) 636-7681. If a respondent does not follow the judges rules for the improvement period, the judge may cut it short. Family Functioning Assessment 3. The MDT also sends written reports to the judge. If you pass these checks, DHHR will certify you as a foster parent and you can get financial help in caring for the child. 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. and 48-10-101, et seq. 4 0 obj The adult respondents (if they are not parents or guardians); The Guardian Ad Litem (childrens lawyer). During a preliminary hearing, the judge decides if the child needs to be removed from the home. 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. Child Protective Services is a service provided by the West Virginia Department of Health and Human Resources. Child Protective Services is a service provided by the West Virginia Department of Health and Human Resources. Child Protective Services (CPS) strives to ensure safe, permanent, nurturing families for children by protecting them from abuse and neglect while attempting to preserve the family unit. Safety Planning (If Necessary) 4. If one of the parents was also a victim of abuse, that parent should notify CPS and their court appointed lawyer so that the judge will know. A CASA is a trained volunteer who advocates for the best interests of the child. 1211 Texas Human Resources Code. When an abandoned child is discovered, WV statute 49-4-301 prohibits the removal of the child from the home until CPS has made all reasonable efforts to make inquiries and arrangements with neighbors, relatives, and friends, and these have been exhausted, and the department has explored the possibility of placing a worker in the home to care for the child until the parents return. The final adjudicatory hearing shall be conducted in accordance with the provisions of W. Va. Code 49-4-601(i). Protect your rights before consenting to a CPS interview. You may be assigned a Kinship Navigator to help you address any unmet needs of the child. Joseph R. Scotti, PhD/BCBA-D, and Claudia Neely MA/BCBA work in every county in West Virginia, helping families impacted by special needs. endobj A motion to compel discovery shall set forth the request for discovery, describe why the items or information sought are discoverable, and specify how the request was not in compliance; A party receiving a discovery request may file a motion to deny discovery or permit a limited response. %PDF-1.5 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. An improvement period is the time frame the judge gives the respondent to correct issues of abuse and neglect. If you are in a life threatening situation, do NOT use this site. 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. 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. 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.
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