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. Start a Child Care First of all, Child Protective Services is just like any other law enforcement agency. Rules of Procedure for Child Abuse and Neglect Proceedings Any party receiving a written request to make information, documents, records, or evidence available for inspection, testing, copying, or photographing shall, within two (2) days, excluding weekends and holidays, comply with the request or provide a written explanation of the reasons for noncompliance to the parties and the court; A party whose request for discovery is not fully complied with may file a motion for an order compelling discovery. <> DHHR will place the child with relatives if it is safe and appropriate. How Is Child Custody Determined In West Virginia? Typically, when a child is placed with an adoptive family with no biological ties to the child all rights of the parents, grandparents, and other family members regarding custody, visitation, and other factors are permanently severed. However, you should be aware that if you deny CPS and law enforcement entry to your home, they may be able to obtain a warrant rapidly by phone under some circumstances. stream Illegal To Remove Child Simply Because They Witnessed Domestic Violence In some cases, when a child is adopted by a member of either the mother or fathers biological family, a grandparent may be able to petition for visitation rights, as well as custody, as specified by law. Under all circumstances, the image of the child witness transmitted shall include the entirety of his or her person ordinarily subject to observation by the human eye, subject to such limitations as may be unavoidable by reason of standard courtroom furnishings. %PDF-1.7 Purpose of child abuse and neglect rules; construction and enforcement, Contemporaneous civil, criminal, and other proceedings, Confidentiality of Proceedings and Records; Access by Family Court, Time Computation; extensions of time and continuances, Testimony of Children; inclusion of children in hearings and multidisciplinary treatment meetings, Use of closed circuit television testimony, Motion to compel, limit, or deny discovery, Visitation and other communication with child, Pleadings allowed, Form of motions and other papers, Appointment; responsibilities of guardian, Effect of personal service on only one parent, Preadjudicatory improvement period; family case plan; status conference. West Virginia law tries to keep brothers and sisters together if the judge decides that DHHR should keep custody of the children. No US states have mandated universal testing of newborns for illegal drugs to date. endobj PDF Guidelines for Addressing Pregnancies and New Babies If a Family Court Judge learns about possible abuse and neglect, the Family Court Judge must order the DHHR to investigate. West Virginia Code | 49-4-602 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. 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.
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