Taking children away isn't the first solution for CPS. Grandparents can be considered for temporary custody, permanent custody, and adoption, as relevant. Still, it is helpful to know about some of your rights if CPS comes to call. Wkf; @8{;u+\%\j$.+|;0aL.Rg-EKvnIu4C(S@/IH7[xT-xZh+|U"*GT-4I9AW;mvjI~Cn2NQ7*u W^M[ caXY:K. Time frames prescribed in these rules shall be computed in accord with Rule 6(a) of the W.Va. Rules of Civil Procedure. There are more than 40 vacancies around the state. The DHHR worker needs to know if anything happens with the child or the parent. Isner Law Office can assist with this process. West Virginia law requires brothers and sisters to be placed together if possible. Under WV Code 9-6-9 certain persons are mandated reporters of adult abuse or neglect. No police officer or CPS worker can come into your home without your permission UNLESS they have a warrant. 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 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. Case Evaluation 6. To encourage the involvement of all parties, including children, in the litigation as well as the involvement of all community agencies and resource personnel providing services to any party. Child Protective Services is a service provided by the West Virginia Department of Health and Human Resources. 11 0 obj endstream 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. We are having phone issues and our main number 304-636-7681 not connecting. dRL^JWP. Safety Planning (If Necessary) 4. The courtroom shall be equipped with monitors sufficient to permit the parties to observe the demeanor of the child witness during his or her testimony. A co-petitioner is often a parent who has not abused the child, and who has been a victim of domestic violence. 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. Center. Where a respondent has been served, no order adjudicating that such respondent has abused or neglected the child concerned until the time for answer for such respondent has expired and, if the answer is timely served, the respondent has been afforded at least 20 days from the date the answer was filed to prepare for adjudication or has waived such opportunity to prepare. 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. 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. These separations occur day in and day out. 1 0 obj 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. 7 0 obj endobj 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. You have the right to be free from discrimination for reasons of age, race, color, sex, sexual orientation, mental, or physical disability, religion, creed, national origin, or political belief. See the general grievance procedure for West Virginia social services for more information. <> 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. You can read the West Virginia guidelines for Child Protective Services here. ), and creating positive behavioral change. The judge always makes decisions based on the best interests of the child. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The attorney for the child shall have access to the file kept by the Department and the file kept by the attorney for the petitioner, including all information set forth in W. Va. Code 49-5-101 and the attorney may make such use thereof as may be appropriate to the case, subject to such limitations as the order of the court shall require; Unless otherwise ordered by the court pursuant to Rule 12, within three (3) days of the filing of the petition, the attorney for the petitioner shall provide to counsel for the respondent(s) or to the respondent(s) personally, if not represented by counsel, the attorney for the child, and all other persons entitled to notice and the opportunity to be heard, the following information, as is within the possession, custody, or control of the attorney for the petitioner, the existence of which is known, or by some exercise of due diligence may become known, to the attorney for the petitioner: Any relevant written or recorded statements made by the respondents (or any one of them), or copies thereof, and the substance of any oral statements which the petitioner intends to offer in evidence at the trial made by the respondents (or any one of them); Copies of the respondent's prior criminal records, if any; Copies of books, papers, documents, photographs, tangible objects, buildings, or places which are material to the preparation of the respondent's case or are intended for use by the attorney for the petitioner as evidence in chief at the trial or were obtained from or belonging to the respondent; Copies of results or reports of physical and/or mental examinations, if any, and copies of scientific tests and/or experiments, if any, which are material to the preparation of the respondent's case or are intended for use by the attorney for the petitioner as evidence in chief at the trial; and. 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. We are having phone issues and our main number 304-636-7681 not connecting. sponsor or endorse the accuracy of the information on externally linked 1212.1 Texas Family Code Chapter 261 (Legal Definitions of Abuse and Neglect) 1212.2 Texas Family Code Chapter 262 (Removal of Children) Call the DHHRsCentralized Intake for Abuse and Neglectat 1-800-352-6513. This order will be used to decide where the child will ultimately reside. DHHR will do a general walkthrough of your home. West Virginia law tries to keep brothers and sisters together if the judge decides that DHHR should keep custody of the children. 8 0 obj county office of the Department of Health and Human Resources where you live. Learn more - Child Abuse and Neglect reporting. 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. Any supportive services provided by the Department or others to remedy the alleged circumstances. A suitable family member may assume responsibility for the child under either informal or formal kinship care standards, as recognized by law. If DHHR finds that there is abuse and neglect, DHHR will notify the Circuit Court Judge, who will hear the case. 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. Our CPS attorneys are dedicated to assisting loving, qualified grandparents throughout West Virginia with enjoying more meaningful relationships with their grandchildren. At this hearing,the court will determine if the factors listed above exist. An initial order is the first order from the Circuit Court Judge in an abuse and neglect case. (a) (1) Temporary care, custody, and control upon filing of the petition. February 16, 2021 - 6:25 pm. <> endstream endobj If brothers and sisters are separated, DHHR must give reasons to the judge for separating the children. Because the parent was a victim, he or she could not stop the child abuse and neglect. 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. 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 There are several reasons for this shortage. In West Virginia, Child Protective Services (CPS), which is under the Department of Health and Human Resources (DHHR), investigates possible child abuse and neglect. You have the right to refuse Child Protective Services as well as the right to be advised of the consequences when you refuse said services. These rules are not to be applied or enforced in any manner which will endanger or harm a child. The judge decides at the end of the hearing if the child is abused and neglected. 4 0 obj Report Abuse or Neglect. Within 90 days of the date a court has entered a Final Termination Order for both parents, CPS must submit a post-termination placement plan. Again, this is not a legal website, and we are not lawyers. 9 0 obj endstream Each child abuse and neglect proceeding shall be maintained on the circuit court's docket until permanent placement of the child has been achieved. DHHR will develop a family case plan if the respondent gets an improvement period. Here are eight of the most common reasons CPS may take children from a parent's home during an investigation. If you are unhappy with a court decision related to CPS, this must be addressed through the legal system. The names of people who call to report are kept confidential. DHHR keeps track of and reports on the respondents progress during the improvement period. 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. You have the right to be informed of complaints or allegations made against you in a manner that is consistent with the law while protecting the rights of the reporter. To become certified as a foster parent in West Virginia, a relative care provider must: 1. 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. <> CASA stands for Court Appointed Special Advocate. When you suspect abuse or neglect you should report your concerns to the The West Virginia Judicial System is an Equal Opportunity Employer committed to providing equal access and unbiased, non-discriminatory treatment to all. 1210 State Laws Governing DFPS. These guidelines do not take the place of administrative rule. 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. 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. 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. 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. x o U No adjudicatory hearing may be held until the time for answer is set forth in the order of publication shall have expired. You are entitled to a copy of your file at no cost. See the general grievance procedure for West Virginia social services for more information. 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. 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. 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. xZo8!eD:,Hl5YC:Yr*%~6p/\fyK~m|],m||}..UYem~&.cqy~'099N3S}p~uF During this hearing, the judge must choose the least restrictive action to take on the case. In addition, every child has the right to have their needs assessed by CPS. Unfortunately, physical violence is one of the most common reasons CPS removes children from their parents. The law says that brothers and sisters who are in foster care should be permanently placed together if possible. Pass a Home Study (including a home visit, safety check, interviews, and paperwork), 3. 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. Contact Isner Law Office today to schedule a consultation. If you are interested in providing your grandchild a more stable and secure future, Isner Law Office can help.
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