West Virginia Code 49-2-127a – Foster and kinship parent duties; foster parent and kinship parent agreements
(a) The West Virginia Legislature finds that foster and kinship parents providing care for children who are in the legal custody of the department have duties and contractual rights. The duties and contractual rights shall be set forth in an agreement between the department and the child placing agency and the foster or kinship parent. The duties of the foster or kinship parent shall include, but are not limited to:
Terms Used In West Virginia Code 49-2-127a
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- child: means an individual who meets one of the following conditions:
(A) Is under thirteen years of age. See West Virginia Code 49-1-202
- Child care: means responsibilities assumed and services performed in relation to a child's physical, emotional, psychological, social, and personal needs and the consideration of the child's rights and entitlements, but does not include secure detention or incarceration under the jurisdiction of the Division of Corrections and Rehabilitation pursuant to §. See West Virginia Code 49-1-206
- Child placing agency: means a child welfare agency organized for the purpose of placing children in private family homes for foster care or for adoption. See West Virginia Code 49-1-206
- Contract: A legal written agreement that becomes binding when signed.
- Court: means the circuit court of the county with jurisdiction of the case or the judge in vacation unless otherwise specifically provided. See West Virginia Code 49-1-207
- Foster parent: means a person with whom the department has placed a child and who has been certified by the department, a child placing agency, or another agent of the department to provide foster care. See West Virginia Code 49-1-206
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Kinship parent: means a person with whom the department has placed a child to provide a kinship placement. See West Virginia Code 49-1-206
- Multidisciplinary team: means a group of professionals and paraprofessionals representing a variety of disciplines who interact and coordinate their efforts to identify, diagnose and treat specific cases of child abuse and neglect. See West Virginia Code 49-1-207
- Parent: means an individual defined as a parent by law or on the basis of a biological relationship, marriage to a person with a biological relationship, legal adoption or other recognized grounds. See West Virginia Code 49-1-204
- Placement: means any temporary or permanent placement of a child who is in the custody of the state in any foster home, kinship parent home, group home, or other facility or residence. See West Virginia Code 49-1-206
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(1) The duty not to violate the rights of the child, provided in § 49-2-126 of this code;
(2) The duty to provide all children in the parent’s or parents’ care with appropriate food, clothing, shelter, supervision, medical attention, and educational opportunities using the reasonable and prudent foster parent standard as defined in § 49-2-128 of this code;
(3) The duty to complete the training required by the department and the child placing agency and the foster or kinship parent;
(4) The duty to support reunification with the biological family unless it has been determined not to be appropriate by the court;
(5) The duty not to divulge any information concerning the child’s case or the child’s family to anyone except for the child’s caseworker, the child’s guardian ad litem, the child’s attorney, the child’s Court Appointed Special Advocate (CASA) worker, the prosecuting attorney, the probation officer, the multidisciplinary team, the foster care ombudsman, or the child’s school or health care provider;
(6) The duty to provide information to the caseworker and the guardian ad litem regarding the child’s progress, and to attend multi-disciplinary team meetings, case planning sessions, court hearings, and to advise the court of any issues or concerns, in the court’s discretion; and
(7) The duty to teach all children placed in their home age appropriate life skills.
(b) The duties of the department and the child placing agency shall include, but are not limited to:
(1) The duty not to infringe upon the rights of the child, provided in §49-2-126;
(2) The duty not to infringe upon the rights of the kinship or foster parent, provided in in §49-2-127; and
(3) The duty to abide by the provisions of the agreement required by this section.
(c) The terms of the agreement shall include the rights of the foster or kinship parent provided in § 49-2-127 of this code. The terms of the agreement shall also include, but not be limited to:
(1) Provisions addressing what child care will be provided while the foster or kinship parent attends required training;
(2) Provisions informing the foster or kinship parent of applicable laws and guidelines regarding the responsibilities of the foster or kinship parent and provisions requiring that the foster or kinship parent receive regular updates on changes to such laws and guidelines in a timely manner;
(3) Provisions regarding required and available training for the foster or kinship parent;
(4) Provisions addressing payment to the foster or kinship parent;
(5) Provisions naming and addressing the emergency 24-hour contact provided by the child placing agency and the department;
(6) Provisions addressing travel, including out-of-state and overnight travel;
(7) Provisions addressing child care for the child;
(8) Provisions addressing when a placement may be terminated by the foster or kinship parent, the child placing agency, or the department;
(9) Provisions addressing medical care for the child, including how to obtain medical consent for procedures; and
(10) Provisions addressing how complaints against the foster or kinship parent will be handled and adjudicated, including provisions for appeal and review of the adjudication.
(d) The agreement may contain such other terms and provisions, not inconsistent with this article, as may be negotiated by the parties and as may be in the best interests of the child.
(e) The requirements of this section apply to agreements, entered into on or after the effective date of this section. Agreements entered into pursuant to this section shall expire on July 1 of each year and shall be renewed by the parties as necessary.
(f) The duties and requirements provided in this section do not create an independent cause of action, including a cause of action for breach of contract. Violations of these rights may be reported to and investigated by the foster care ombudsman. On or before December 15, 2021 and on or before December 15 of every year thereafter, the foster care ombudsman shall submit a written summary of the number and nature of reports received, and investigations conducted in response to said reports, to the Joint Standing Committee on Government and Finance, the West Virginia Supreme Court of Appeals, and the Governor: Provided, That the summary required by this section may not include any personally identifying information of a person named in a report or a person submitting a report to the ombudsman.