The following terms when used in this article have meanings ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

(a) “Central abuse registry” or “registry” means the registry created by this article which contains the names of individuals who have been convicted of a felony or a misdemeanor offense constituting abuse, neglect, or misappropriation of the property of a child or an incapacitated adult or an adult receiving behavioral health services.

(b) “Child abuse and neglect” or “child abuse or neglect” means those terms as defined in § 49-1-201 of this code, and shall include any act with respect to a child which is a crime against the person pursuant to § 61-2-1 et seq. of this code, any act which is unlawful pursuant to § 61-8D-1 et seq, of this code and any offense with respect to a child which is enumerated in § 15-2C-3 of this code.

(c) “Abuse or neglect of an incapacitated adult” means “abuse,” “neglect,” and “incapacitated adult” as those terms are defined in § 9-6-1 of this code, and shall include any act with respect to an incapacitated adult which is a crime against the person pursuant to § 61-2-1 et seq. of this code, and any offense with respect to an incapacitated adult which is enumerated in § 15-2C-3 of this code.

(d) “Adult receiving behavioral health services” means a person over the age of 18 years who is receiving any behavioral health service from a licensed behavioral health provider or any behavioral health provider whose services are paid for, in whole or in part, by Medicaid or Medicare.

(e) “Conviction” of a felony or a misdemeanor means an adjudication of guilt by a court or jury following a hearing on the merits, or entry of a plea of guilty or nolo contendere.

(f) “Residential care facility” means any facility where a child or an incapacitated adult or an adult receiving behavioral health services resides which is subject to registration, licensure, or certification by the Department of Health and Human Resources, and includes nursing homes, personal care homes, residential board and care homes, adult family care homes, group homes, legally unlicensed service providers, residential child care facilities, family based foster care homes, specialized family care homes, and intermediate care facilities for the mentally retarded.

(g) “Misappropriation of property” means any act which is a crime against property under § 61-3-1 et seq. of this code with respect to a child in a residential care facility or an incapacitated adult or an adult receiving behavioral health services in a residential care facility or a child or an incapacitated adult or an adult receiving behavioral health services who is a recipient of home care services.

(h) “Home care” or “home care services” means services provided to children or incapacitated adults or adults receiving behavioral health services in the home through a hospice provider, a community care provider, a home health agency, through the Medicaid waiver program, or through any person when that service is reimbursable under the state Medicaid program.

(i) “Requester” means the West Virginia Department of Education, any residential care facility, any state licensed day care center, any qualified entity as defined in this section, or any provider of home care services or an adult receiving behavioral health services, providing to the Central Abuse Registry the name of an individual and other information necessary to identify that individual, and either: (1) Certifying that the individual is being considered for employment or service as a volunteer by the requester or for a contractual relationship with the requester where the individual will provide services to a child or an incapacitated adult or an adult receiving behavioral health services for compensation; or contractors and vendors who have or may have unsupervised access to the child, disabled, or elderly person for whom the qualified entity provides care; or (2) certifying that an allegation of abuse, neglect, or misappropriation of property has been made against the individual.

(j) “Qualified entity” means any business, agency, or organization that provides care, treatment, education, training, instruction, supervision, or recreation for children, the elderly, or individuals with disabilities and is a public, private, or not-for-profit entity within the State of West Virginia and meets the definition of qualified entity under the federal National Child Protection Act of 1993; P.L. 103-209 as amended by the Volunteers for Children Act; P.L. 105-251.