), and creating positive behavioral change. We can answer all of your questions and help you get started. sponsor or endorse the accuracy of the information on externally linked
The CPS social worker must include their name and contact information in this booklet. Under the Keeping Children and Families Safe Act of 2003 amendment to the Child Abuse Prevention and Treatment Act (CAPTA), CPS is required to ensure you are as educated and involved as possible in decisions being made about your family. The data are essential to help policymakers understand how many children and youth come in contact with the child welfare system, and why. 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. The same lawyer can never represent both the parents and the child. 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. Charleston, WV 25305
Serving Elkins, Parsons, Davis, Philippi, Belington, Buckhannon, Weston, Clarksburg, Fairmont, Morgantown, Martinsburg, & All of West Virginia, 2021 All Rights Reserved | Privacy Policy. 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. The West Virginia Judicial System is an Equal Opportunity Employer committed to providing equal access and unbiased, non-discriminatory treatment to all. The final adjudicatory hearing shall be conducted in accordance with the provisions of W. Va. Code 49-4-601(i). 2 0 obj
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. endstream
Illegal To Remove Child Simply Because They Witnessed Domestic Violence 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. 3 0 obj
Call (304) 636-7681. If your issue is an emergency, call 911 or go to your nearest emergency room. Even if the child is not placed with you, you should stay in contact with the DHHR worker throughout the process. If you are interested in providing your grandchild a more stable and secure future, Isner Law Office can help. They cannot come into your home without a warrant, whether they are alone or with the police/law enforcement. 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. 1-800-352-6513, >Bureau for
If emergency custody was ordered before the preliminary hearing, the judge will decide if it should continue. How Is Child Custody Determined In West Virginia? 5 0 obj
Abuse and Neglect reporting, West Virginia Department of Health & Human Resources
*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). 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. When you suspect abuse or neglect you should report your concerns to the
You are not the first family this has happened to! 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. The Time is Nowvideo West Virginia Supreme Court of Appeals, Abuse & Neglect, Child Custody & Parenting Plans, Abuse & Neglect, Foster Care, Parental Rights (& Termination), Abuse & Neglect, Child Custody & Parenting Plans, Domestic Violence & Abuse, Child Abuse and Neglect: How Can Relatives Become Involved to Help The Child. endstream
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Reports must be made to the toll-free Hot Line at
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. So you have the right unless they have a warrant to demand to talk with CPS when your lawyer is with you. When at least one of the childs parents is determined to be fit, the court will always grant custody to the parent. 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. Timeline of CPS Action In West Virginia | Statewide Child Abuse Defense 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. Under West Virginia law (W.Va. Code 49-1-201), a childs health and well-being can be threatened in a few ways: Neglect means that a childs physical or mental health is harmed or threatened by a parents failure, refusal, or inability to provide: Neglect can also be a result of the child being without these basic necessities because of the absence of the parent (W.Va. Code 49-1-201). 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. Check out our new, free online resource, the KINSHIP CONNECTOR tool! Child abuse means that a childs health and well-being is being harmed or threatened. Call Isner Law Office at (304) 636-7681. 1211 Texas Human Resources Code. 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. To proceed, contact your local prosecuting attorney and ask to initiate a petition for Termination of Parental Rights (TPR). 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. For example, you may choose to serve meals based on a non-traditional diet, such as vegan. We work primarily in homes, but also schools and other institutional settings. There is also high turnover because caseloads . The Child Protective Services decision making model in West Virginia is titled the Safety Assessment and Management System and referred to as SAMS. Child Protective Services is a service provided by the West Virginia Department of Health and Human Resources. If CPS has taken or is threatening to remove your children, contact a defense attorney right away. CPS Removals in Harris County: How to Get Your Child Home stream
You may file a private lawsuit in Federal court or a complaint of discrimination on the basis of disability by contacting the Office for Civil Rights: U.S. Department of Health & Human Services. 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. When a CPS caseworker has evidence that a child has been a victim of . Its purpose is to protect children from abuse, neglect, and any further exploitation. 8 0 obj
You have the right to be informed of the findings of child abuse and neglect investigations and how the findings will affect the family, as well as the individual. 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. When a child is found in this state and is under the protection of the court and no parent or custodian has been found within this jurisdiction, the court may order service of the notice by publication and proceed with the proceeding.