West Virginia Code — 49
Browse 270 sections in division 49 of the West Virginia code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 49-1-101. Short title; intent of recodification.
- § 49-1-102. 49-1-102. Legislative Intent; continuation of existing statutory provisions; no increase in funding obligations.
- § 49-1-103. 49-1-103. Operative date of enactment; effect on existing law.
- § 49-1-104. 49-1-104. West Virginia Code replacement; no increase of funding obligations to be construed.
- § 49-1-105. 49-1-105. Purpose.
- § 49-1-106. 49-1-106. Location of child welfare services; state and federal cooperation; juvenile services.
- § 49-1-201. 49-1-201. Definitions related, but not limited to, child abuse and neglect.
- § 49-1-202. 49-1-202. Definitions related, but not limited, to adult, child, developmental disability, and transitioning adult status.
- § 49-1-203. 49-1-203. Definitions related, but not limited to, licensing and approval of programs.
- § 49-1-204. 49-1-204. Definitions related, but not limited, to custodians, legal guardians and family.
- § 49-1-205. 49-1-205. Definitions related, but not limited, to developmental disabilities.
- § 49-1-206. 49-1-206. Definitions related, but not limited to, child advocacy, care, residential, and treatment programs.
- § 49-1-207. 49-1-207. Definitions related to court actions.
- § 49-1-208. 49-1-208. Definitions related, but not limited, to state and local agencies.
- § 49-1-209. 49-1-209. Definitions related, but not limited, to missing children.
- § 49-2-101. 49-2-101. Authorization and responsibility; Bureau for Social Services.
- § 49-2-102. 49-2-102. Staffing Allocation for Child Protective Services Workers.
- § 49-2-103. 49-2-103. Proceedings by the state department.
- § 49-2-104. 49-2-104. Education of the public.
- § 49-2-105. 49-2-105. Administrative and judicial review.
- § 49-2-106. 49-2-106. Department responsibility for foster care homes.
- § 49-2-107. 49-2-107. Foster-home care; minimum standards; certificate of operation; inspection.
- § 49-2-108. 49-2-108. Visits and inspections; records.
- § 49-2-109. 49-2-109. Placing children from other states in private homes of state.
- § 49-2-110. 49-2-110. Development of standards of child care.
- § 49-2-111. 49-2-111. Supervision of child welfare agencies by the department; records and reports.
- § 49-2-112. 49-2-112. Family homes; approval of incorporation by Secretary of State; approval of articles of incorporation.
- § 49-2-113. 49-2-113. Residential child-care centers; licensure, certification, approval, and registration; requirements.
- § 49-2-114. 49-2-114. Application for license or approval.
- § 49-2-115. 49-2-115. Conditions of licensure, approval and registration.
- § 49-2-116. 49-2-116. Investigative authority; evaluation; complaint.
- § 49-2-117. 49-2-117. Revocation; provisional licensure and approval.
- § 49-2-118. 49-2-118. Closing of facilities by the secretary; placement of children.
- § 49-2-119. 49-2-119. Supervision; consultation; State Fire Marshall to cooperate.
- § 49-2-120. 49-2-120. Penalties; injunctions; venue.
- § 49-2-121. 49-2-121. Rule-making.
- § 49-2-122. 49-2-122. Waivers and variances to rules.
- § 49-2-123. 49-2-123. Annual reports; directory; licensing reports and recommendations.
- § 49-2-124. 49-2-124. Certificate of need not required; conditions; review.
- § 49-2-125. 49-2-125. Commission to Study Residential Placement of Children; findings; requirements; reports; recommendations.
- § 49-2-126. 49-2-126. The Foster Child Bill of Rights.
- § 49-2-127. 49-2-127. The Foster and Kinship Parent Bill of Rights.
- § 49-2-128. 49-2-128. Reasonable and prudent foster parent standard.
- § 49-2-129. 49-2-129. Transitional living services, scattered-site living arrangements, and supervised group settings; eligibility criteria.
- § 49-2-130. 49-2-130. Limitation of liability; mandatory errors and omissions insurance.
- § 49-2-131. 49-2-131. Caseworker services pilot program.
- § 49-2-201. Findings and purpose.
- § 49-2-202. 49-2-202. When family preservation services required.
- § 49-2-203. 49-2-203. Caseload limits for home-based preservation services.
- § 49-2-204. 49-2-204. Situational criteria requiring service.
- § 49-2-205. 49-2-205. Service delivery through service contracts; accountability.
- § 49-2-206. 49-2-206. Special services to be provided.
- § 49-2-207. 49-2-207. Development of home-based family preservation services.
- § 49-2-301. 49-2-301. Findings and intent; advisory council.
- § 49-2-302. 49-2-302. Creation of statewide quality rating system; rule-making; minimum requirements.
- § 49-2-303. 49-2-303. Statewide quality improvement system; financial plan; staffing requirements; public awareness campaign; management information system; financial assistance for child care programs; program staff; child care consumers.
- § 49-2-304. 49-2-304. Quality rating and improvement system pilot projects; independent third-party evaluation; modification of proposed rule and financial plan; report to Legislature; limitations on implementation.
- § 49-2-401. 49-2-401. Continuation, transfer and renaming of trust fund; funding.
- § 49-2-501. Children to whom article applies; intent.
- § 49-2-502. 49-2-502. Powers of the secretary.
- § 49-2-503. 49-2-503. Report of birth of special health care needs child.
- § 49-2-504. 49-2-504. Assistance by other agencies.
- § 49-2-505. 49-2-505. Cost of treatment.
- § 49-2-601. Findings; intent.
- § 49-2-602. 49-2-602. Family support services; responsibilities; funds; case management; outreach; differential fees.
- § 49-2-603. 49-2-603. Eligibility; primary focus.
- § 49-2-604. 49-2-604. Program administration; implementation; procedures; annual evaluation; coordination; plans; grievances; reports.
- § 49-2-605. 49-2-605. Regional and state family support councils; membership; meetings; reimbursement of expenses.
- § 49-2-701. 49-2-701. Caregiver consent for minor's health care; treatment.
- § 49-2-702. 49-2-702. Duty of health care facility or practitioner.
- § 49-2-703. 49-2-703. Affidavit of caregiver consent; requirements.
- § 49-2-704. 49-2-704. Revocation and termination of consent; written notice; validity.
- § 49-2-705. 49-2-705. Good faith reliance on affidavit; applicability.
- § 49-2-706. 49-2-706. Exceptions to applicability.
- § 49-2-707. 49-2-707. Penalty for false statement.
- § 49-2-708. 49-2-708. Rule-making authority.
- § 49-2-801. Purpose.
- § 49-2-802. 49-2-802. Establishment of child protective services; general duties and powers; administrative procedure; immunity from civil liability; cooperation of other state agencies.
- § 49-2-803. 49-2-803. Persons mandated to report suspected abuse and neglect; requirements.
- § 49-2-804. 49-2-804. Notification of disposition of reports.
- § 49-2-805. 49-2-805. Educational programs; requirements.
- § 49-2-806. 49-2-806. Mandatory reporting of suspected animal cruelty by child protective service workers.
- § 49-2-807. 49-2-807. Mandatory reporting to medical examiner or coroner; postmortem investigation.
- § 49-2-808. 49-2-808. Photographs and X rays.
- § 49-2-809. 49-2-809. Reporting procedures.
- § 49-2-810. 49-2-810. Immunity from liability.
- § 49-2-811. 49-2-811. Abrogation of privileged communications; exception.
- § 49-2-812. 49-2-812. Failure to report; penalty.
- § 49-2-813. 49-2-813. Statistical index; reports.
- § 49-2-814. 49-2-814. Task Force on Prevention of Sexual Abuse of Children.
- § 49-2-815. 49-2-815. Pilot program for the use of technology in child abuse and neglect investigations.
- § 49-2-901. 49-2-901. Policy; cooperation.
- § 49-2-902. 49-2-902. Division of Juvenile Services; transfer of functions; juvenile placement.
- § 49-2-903. 49-2-903. Powers and duties; comprehensive strategy; cooperation.
- § 49-2-904. 49-2-904. Rules for specialized training for juvenile corrections officers and detention center employees.
- § 49-2-905. 49-2-905. Juvenile detention and corrections facility personnel.
- § 49-2-906. 49-2-906. Medical and other treatment of juveniles in custody of the division; consent; service providers; medical care; pregnant inmates; claims processing and administration by the department; authorization of cooperative agreements.
- § 49-2-907. 49-2-907. Examination, diagnosis classification and treatment; period of custody.
- § 49-2-908. 49-2-908. Educational services for juveniles placed in predispositional and postdispositional facilities; authorization; cooperation; rule-making.
- § 49-2-909. 49-2-909. Arrest authority of juvenile correctional and detention officers.
- § 49-2-910. 49-2-910. Juvenile trustee accounts and funds, earnings and personal property of juveniles; return of property; reports;
- § 49-2-911. 49-2-911. Juvenile benefit funds; uses; reports.
- § 49-2-912. 49-2-912. Youth reporting centers.
- § 49-2-913. 49-2-913. Juvenile Justice Reform Oversight Committee.
- § 49-2-1001. 49-2-1001. Purpose; intent.
- § 49-2-1002. 49-2-1002. Responsibilities of the Department of Human Services and Division of Juvenile Services of the Department of Military Affairs and Public Safety; programs and services; rehabilitation; cooperative agreements.
- § 49-2-1003. 49-2-1003. Rehabilitative facilities for status offenders; requirements; educational instruction.
- § 49-2-1004. 49-2-1004. The Juvenile Services Reimbursement Offender Fund; use; expenditures.
- § 49-2-1005. 49-2-1005. Legal custody; law-enforcement agencies.
- § 49-2-1006. 49-2-1006. Reporting requirements; cataloguing of services.
- § 49-3-101. 49-3-101. Child advocacy centers; services; requirements.
- § 49-3-102. 49-3-102. Court appointed special advocate; operations.
- § 49-4-101. Exercise of powers and jurisdiction by judge in vacation.
- § 49-4-102. 49-4-102. Procedure for appealing decisions.
- § 49-4-103. 49-4-103. Proceedings may not be evidence against child, or be published; adjudication is not a conviction and not a bar to civil service eligibility.
- § 49-4-104. 49-4-104. General provisions relating to court orders regarding custody; rules.
- § 49-4-105. 49-4-105. Hearing required to determine "reasonable efforts."
- § 49-4-106. 49-4-106. Limitation on out-of-home placements.
- § 49-4-107. 49-4-107. Penalties.
- § 49-4-108. 49-4-108. Payment of services.
- § 49-4-109. 49-4-109. Guardianship of estate of child unaffected.
- § 49-4-110. 49-4-110. Foster care; quarterly status review; transitioning adults; annual permanency hearings.
- § 49-4-111. 49-4-111. Criteria and procedure for temporary removal of child from foster home; foster care arrangement termination; notice of child's availability for placement; adoption; sibling placements; limitations.
- § 49-4-112. 49-4-112. Subsidized adoption and legal guardianship; conditions.
- § 49-4-113. 49-4-113. Duration of custody or guardianship of children committed to department.
- § 49-4-114. 49-4-114. Consent by agency or department to adoption of child; statement of relinquishment by parent; counseling services; petition to terminate parental rights; notice; hearing; court orders.
- § 49-4-115. 49-4-115. Emancipation.
- § 49-4-116. 49-4-116. Voluntary placement; petition; requirements; attorney appointed; court hearing; orders.
- § 49-4-117. 49-4-117. Information provided in certain adoptions.
- § 49-4-118. 49-4-118. Child protection commissioner created; powers and duties.
- § 49-4-201. 49-4-201. Accepting possession of certain relinquished children.
- § 49-4-202. 49-4-202. Notification of possession of relinquished child; department responsibilities.
- § 49-4-203. 49-4-203. Filing petition after accepting possession of relinquished child.
- § 49-4-204. 49-4-204. Immunity from certain prosecutions.
- § 49-4-205. 49-4-205. Adoption eligibility.
- § 49-4-206. 49-4-206. Designation of local fire department, emergency medical service facility, police department, 911 call center, or sheriff’s detachment as a safe-surrender site; posting requirement.
- § 49-4-301. Custody of a neglected child by law enforcement in emergency situations; protective custody; requirements; notices; petition for appointment of
- § 49-4-302. 49-4-302. Authorizing a family court judge to order custody of a child in emergency situations; requirements; orders; investigative reports; notification required.
- § 49-4-303. 49-4-303. Emergency removal by department before filing of petition; conditions; referee; application for emergency custody; order.
- § 49-4-401. 49-4-401. Purpose; system to be a complement to existing programs.
- § 49-4-402. 49-4-402. Multidisciplinary investigative teams; establishment; membership; procedures; coordination among agencies; confidentiality.
- § 49-4-403. 49-4-403. Multidisciplinary treatment planning process; coordination; access to information.
- § 49-4-404. 49-4-404. Court review of service plan; hearing; required findings; order; team member's objections.
- § 49-4-405. 49-4-405. Multidisciplinary treatment planning process involving child abuse and neglect; team membership; duties; reports; admissions.
- § 49-4-406. 49-4-406. Multidisciplinary treatment process for status offenders or delinquents; requirements; custody; procedure; reports; cooperation; inadmissibility of certain statements.
- § 49-4-407. 49-4-407. Team directors; records; case logs.
- § 49-4-408. 49-4-408. Unified child and family case plans; treatment teams; programs; agency requirements.
- § 49-4-409. 49-4-409. After-care plans; contents; written comments; contacts; objections; courts.
- § 49-4-410. 49-4-410. Other agencies of government required to cooperate.
- § 49-4-411. 49-4-411. Law enforcement; prosecution; interference with performance of duties.
- § 49-4-412. 49-4-412. Exemption from multidisciplinary team review before emergency out-of-home placements.
- § 49-4-413. 49-4-413. Individualized case planning.
- § 49-4-501. 49-4-501. Prosecuting attorney representation of the Department of Human Services; conflict resolution.
- § 49-4-502. 49-4-502. Prosecuting attorney to cooperate with persons other than the department in child abuse and neglect matters; duties.
- § 49-4-503. 49-4-503. Prosecuting attorney to represent petitioner in juvenile cases.
- § 49-4-504. 49-4-504. Prosecuting attorney duty to establish multidisciplinary investigative teams.
- § 49-4-601. 49-4-601. Petition to court when child believed neglected or abused; venue; notice; right to counsel; continuing legal education; findings; proceedings; procedure.
- § 49-4-602. 49-4-602. 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.
- § 49-4-603. 49-4-603. Medical and mental examinations; limitation of evidence; probable cause; testimony; judge or referee.
- § 49-4-604. 49-4-604. Disposition of neglected or abused children; case plans; dispositions; factors to be considered; reunification; orders; alternative dispositions.
- § 49-4-605. 49-4-605. When department efforts to terminate parental rights are required.
- § 49-4-606. 49-4-606. Modification of dispositional orders; hearings; treatment team; unadopted children.
- § 49-4-607. 49-4-607. Consensual termination of parental rights.
- § 49-4-608. 49-4-608. Permanency hearing; frequency; transitional planning; out-of-state placement; findings; notice; permanent placement review.
- § 49-4-609. 49-4-609. Conviction for offenses against children.
- § 49-4-610. 49-4-610. Improvement periods in cases of child neglect or abuse; findings; orders; extensions; hearings; time limits.
- § 49-4-701. 49-4-701. Juvenile jurisdiction of circuit courts, magistrate courts, and municipal courts; Constitutional guarantees; requirements; hearings; right to counsel; opportunity to be heard; evidence and transcripts; concurrent jurisdiction with federal courts.
- § 49-4-702. 49-4-702. Prepetition diversion to informal resolution; mandatory prepetition diversion program for status offenses and misdemeanor offenses; prepetition review team.
- § 49-4-703. 49-4-703. Juvenile drug courts; hearing officers.
- § 49-4-704. 49-4-704. Institution of proceedings by petition; notice to juvenile and parents; preliminary hearings; subpoena.
- § 49-4-705. 49-4-705. Taking a juvenile into custody; requirements; existing conditions; detention centers; medical aid.
- § 49-4-706. 49-4-706. Detention hearing; rights of juvenile; notification; counsel; hearings.
- § 49-4-707. 49-4-707. Review of order following detention hearing.
- § 49-4-708. 49-4-708. Preliminary hearing; counsel; custody; court requirements; preadjudicatory community supervision period.
- § 49-4-709. 49-4-709. Right to jury trial for juveniles; inapplicability.
- § 49-4-710. 49-4-710. Waiver and transfer of jurisdiction.
- § 49-4-711. 49-4-711. Adjudication for alleged status offenders and delinquents; mandatory initial disposition of status offenders.
- § 49-4-712. 49-4-712. Intervention and services by the department pursuant to initial disposition for status offenders or juvenile found incompetent to stand trial; enforcement; further disposition; detention; out-of-home placement; department custody; least restrictive alternative; appeal; prohibiting placement of status offenders or a juvenile found incompetent to stand trial in a Bureau of Juvenile Services facility.
- § 49-4-713. 49-4-713. Graduated penalties for juvenile alcohol consumption; fines; community service; revocation of driver's license.
- § 49-4-714. 49-4-714. Disposition of juvenile delinquents; appeal.
- § 49-4-715. 49-4-715. Authority of the courts to impose additional penalties; public service projects; ineligible to operate a motor vehicle; restitution.
- § 49-4-716. 49-4-716. Teen court program; alternative; suitability; unsuccessful cooperation; requirements; fees.
- § 49-4-717. 49-4-717. Sexting educational diversion program; requirements.
- § 49-4-718. 49-4-718. Modification of dispositional orders; motions; hearings.
- § 49-4-719. 49-4-719. Juvenile probation officers; appointment; salary; facilities; expenses; duties; powers.
- § 49-4-720. 49-4-720. Prohibition on committing juveniles to adult facilities.
- § 49-4-721. 49-4-721. Rules governing juvenile facilities; rights of juveniles.
- § 49-4-722. 49-4-722. Conviction for offense while in custody.
- § 49-4-723. 49-4-723. Discrimination prohibited; penalties; damages.
- § 49-4-724. 49-4-724. Standardized assessments.
- § 49-4-725. 49-4-725. Restorative justice programs.
- § 49-4-726. 49-4-726. Study of juvenile competency issues; requiring and requesting report and proposed legislation; submission to Legislature.
- § 49-4-727. 49-4-727. Juvenile competency proceedings.
- § 49-4-728. 49-4-728. Definitions for juvenile competency proceedings.
- § 49-4-729. 49-4-729. Motion for determination of competency, time frames, order for evaluation.
- § 49-4-730. 49-4-730. Juvenile competency qualified forensic evaluator; qualifications.
- § 49-4-731. 49-4-731. Juvenile competency evaluation.
- § 49-4-732. 49-4-732. Hearing to determine juvenile’s competency to participate in the proceedings.
- § 49-4-733. 49-4-733. Procedure after determination of juvenile’s competency to participate in the proceedings.
- § 49-4-734. 49-4-734. Disposition alternatives for incompetent juveniles.
- § 49-4-735. 49-4-735. Stay of transfer to criminal jurisdiction.
- § 49-4-801. 49-4-801. Support of a child removed from home pursuant to this chapter; order requirements.
- § 49-4-802. 49-4-802. General provisions for support orders; contempt.
- § 49-4-803. 49-4-803. Enforcement of support orders.
- § 49-4-901. §49-4-901
- § 49-4-902. §49-4-902
- § 49-4-903. 49-4-903. Interference with disposition of child punishable as contempt of court.
- § 49-4-904. 49-4-904. Enticing child from custody; penalties.
- § 49-5-101. 49-5-101. Confidentiality of records; non-release of records; exceptions; penalties.
- § 49-5-102. 49-5-102. Preservation of records.
- § 49-5-103. 49-5-103. Confidentiality of juvenile records; permissible disclosures; penalties; damages.
- § 49-5-104. 49-5-104. Confidentiality of juvenile records for children who become of age while a ward of the state or who have been transferred to adult criminal jurisdiction; separate and secure location; penalties; damages; accessibility of records for child victims of sex trafficking.
- § 49-5-105. 49-5-105. Juvenile justice database; individual records confidential.
- § 49-5-106. 49-5-106. Data collection.
- § 49-6-101. 49-6-101. Clearinghouse function; State Police requirements; rule-making.
- § 49-6-102. 49-6-102. State Department of Education; missing children program; rule-making.
- § 49-6-103. 49-6-103. Information to clearinghouse; definitions.
- § 49-6-104. 49-6-104. Custodian request for information.
- § 49-6-105. 49-6-105. Missing child report forms; where filed.
- § 49-6-106. 49-6-106. Missing child reports; law-enforcement agency requirements; unidentified bodies.
- § 49-6-107. 49-6-107. Release of dental records; cause shown; immunity.
- § 49-6-108. 49-6-108. Cross-checking and matching.
- § 49-6-109. 49-6-109. Interagency cooperation.
- § 49-6-110. 49-6-110. Confidentiality of records; rulemaking; requirements.
- § 49-6-111. 49-6-111. Attorney general to require compliance.
- § 49-6-112. 49-6-112. Agencies to receive report; law-enforcement agency requirements.
- § 49-6-113. 49-6-113. Clearinghouse Advisory Council; members, appointments and expenses; appointment, duties and compensation of director; annual reports.
- § 49-6-114. 49-6-114. Powers and duties of clearinghouse advisory council; comprehensive strategic plan required to be provided to the Legislature.
- § 49-6-115. 49-6-115. Public-private partnerships; funding.
- § 49-6-116. 49-6-116. Establish a missing foster child locator unit program.
- § 49-7-101. Adoption of compact.
- § 49-7-102. 49-7-102. Definitions; implementation.
- § 49-7-201. 49-7-201. Interstate adoption assistance compact; findings and purpose.
- § 49-7-202. 49-7-202. Interstate adoption assistance compacts authorized; definitions.
- § 49-7-203. 49-7-203. Interstate adoption assistance compact; contents of compact.
- § 49-7-204. 49-7-204. Medical assistance for children with special needs; rule-making; penalties.
- § 49-7-301. Execution of interstate compact for juveniles.
- § 49-7-302. 49-7-302. State council for interstate juvenile supervision; members; authority.
- § 49-7-303. 49-7-303. Appointment of compact administrator.
- § 49-7-304. 49-7-304. Notification of the effective date of the interstate compact for juveniles.
- § 49-8-1. 49-8-1. Legislative findings; statement of legislative purpose.
- § 49-8-2. 49-8-2. Definitions.
- § 49-8-3. 49-8-3. Delegation of care and custody of a child
- § 49-8-4. 49-8-4. Delegation of parental rights form.
- § 49-8-5. 49-8-5. Mandatory disclosures by child investigative personnel.
- § 49-8-6. 49-8-6. Applicability of licensing and other requirements of childcare facilities.
- § 49-8-7. 49-8-7. Additional procedures not precluded.
- § 49-9-101. 49-9-101. The Foster Care Ombudsman.
- § 49-9-102. 49-9-102. Investigation of complaints.
- § 49-9-103. 49-9-103. Access to foster care children.
- § 49-9-104. 49-9-104. Access to records.
- § 49-9-105. 49-9-105. Subpoena powers.
- § 49-9-106. 49-9-106. Cooperation among government departments or agencies.
- § 49-9-107. 49-9-107. Confidentiality of investigations.
- § 49-9-108. 49-9-108. Limitations on liability.
- § 49-9-109. 49-9-109. Willful interference; retaliation; penalties.
- § 49-9-110. 49-9-110. Funding for Foster Care Ombudsman Program.
- § 49-10-101. 49-10-101. Legislative findings.
- § 49-10-102. 49-10-102. Bureau for Social Service employees exempt from Division of Personnel.
- § 49-10-103. 49-10-103. Bureau for Social Service employees no requirement uniformity in pay scale.
- § 49-11-101. 49-11-101. Systemic reporting transparency.
- § 49-12-1. 49-12-1. Short title.
- § 49-12-2. 49-12-2. Legislative findings and definition.
- § 49-12-3. 49-12-3. Infringement of parental rights.
- § 49-12-4. 49-12-4. Parental rights.
- § 49-12-5. 49-12-5. Applicability; limitations.
- § 49-13-1. 49-13-1. Purpose.
- § 49-13-2. 49-13-2. Definitions.
- § 49-13-3. 49-13-3. Requirements.
- § 49-13-4. 49-13-4. Amount and form of payment.