West Virginia Code 49-9-102 – Investigation of complaints
(a) Upon receipt of a complaint or by court order within the scope of the Foster Care Ombudsman Program, the Foster Care Ombudsman shall investigate, except as provided in §49-9-102(c) of this code, any act, practice, policy, or procedure of any state agency, child-placing agency, juvenile facility, or residential care facility which affects the health, safety, welfare, or rights of a foster child, a foster parent, a child who is subject to a reported allegation of abuse and neglect, a child who has died or sustained a critical incident, a child in the juvenile justice system, or a kinship parent.
Terms Used In West Virginia Code 49-9-102
- Allegation: something that someone says happened.
- 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
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- Facility: means a place or residence, including personnel, structures, grounds, and equipment used for the care of a child or children on a residential or other basis for any number of hours a day in any shelter or structure maintained for that purpose. See West Virginia Code 49-1-206
- Juvenile: means any person under eighteen years of age or is a transitioning adult. See West Virginia Code 49-1-202
- 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
- Oversight: Committee review of the activities of a Federal agency or program.
- 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
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(b) Investigative activities of the Foster Care Ombudsman include, but are not limited to: information gathering, mediation, negotiation, informing parties of the status of the investigation, notification to any aggrieved party of alternative processes, reporting of suspected violations to a licensing or certifying agency, and the reporting of suspected criminal violations to the appropriate authorities.
(c) The Foster Care Ombudsman need not investigate any complaint upon determining that:
(1) The complaint is trivial, frivolous, vexatious, or not made in good faith;
(2) The complaint has been too long delayed to justify present investigation;
(3) The resources available, considering the established priorities, are insufficient for an adequate investigation;
(4) The matter complained of is not within the investigatory authority of the Foster Care Ombudsman; or
(5) A real or apparent conflict of interest exists and no other person within the office is available to investigate the complaint in an impartial manner.
(d) The Office of the Inspector General and other appropriate state governmental agencies may establish and implement cooperative agreements for receiving, processing, responding to, and resolving complaints involving state governmental agencies under the provisions of this section.
(e) The Foster Care Ombudsman shall submit an annual written report to the Governor containing:
(1) The number of complaints;
(2) The types of complaints;
(3) The location of the complaints;
(4) How the complaints are resolved; and
(5) Any other information the Foster Care Ombudsman feels is appropriate.
(f) The Foster Care Ombudsman shall summarize the reports and present that information to the Legislative Oversight Commission on Health and Human Resources Accountability. Nothing shall preclude the Foster Care Ombudsman office from submitting data, findings, or reports beyond this annual report.
(g) Another office, department, agency, or official may not prohibit the release of an ombudsman’s recommendations to the Governor and the Legislature.