Terms Used In West Virginia Code > Chapter 49 > Article 4 > Procedures in Cases of Child Neglect or Abuse

• Abandonment: means any conduct that demonstrates the settled purpose to forego the duties and parental responsibilities to the child. See West Virginia Code 49-1-201
• Abusing parent: means a parent, guardian, or other custodian, regardless of his or her age, whose conduct has been adjudicated by the court to constitute child abuse or neglect as alleged in the petition charging child abuse or neglect. See West Virginia Code 49-1-201
• Accrued benefit: means on behalf of any member 2. See West Virginia Code 8-22A-2
• Accumulated contributions: means the sum of all retirement contributions deducted from the compensation of a member, or paid on his or her behalf as a result of covered employment, together with regular interest on the deducted amounts. See West Virginia Code 8-22A-2
• Actuarial equivalent: means a benefit of equal value computed on the basis of the mortality table and interest rates as set and adopted by the board in accordance with the provisions of this article: . See West Virginia Code 8-22A-2
• Adult: means a person who is at least eighteen years of age. See West Virginia Code 49-1-202
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Annual compensation: means the wages paid to the member during covered employment within the meaning of Section 3401(a) of the Internal Revenue Code, but determined without regard to any rules that limit the remuneration included in wages based on the nature or location of employment or services performed during the plan year plus amounts excluded under Section 414(h)(2) of the Internal Revenue Code and less reimbursements or other expense allowances, cash or noncash fringe benefits, or both, deferred compensation and welfare benefits. See West Virginia Code 8-22A-2
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Annuity starting date: means the first day of the month for which an annuity is payable after submission of a retirement application or the required beginning date, if earlier. See West Virginia Code 8-22A-2
• 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.
• Approval: means a finding by the Secretary of the Department of Health and Human Resources that a facility operated by the state has met the requirements of legislative rules promulgated for operation of that facility and that a certificate of approval or a certificate of operation has been issued. See West Virginia Code 49-1-203
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary: means a natural person who is entitled to, or will be entitled to, an annuity or other benefit payable by the plan. See West Virginia Code 8-22A-2
• Board: means the Consolidated Public Retirement Board. See West Virginia Code 8-22A-2
• 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 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
• Child welfare agency: means any agency or facility maintained by the state or any county or municipality thereof, or any agency or facility maintained by an individual, firm, corporation, association, or organization, public or private, to receive children for care and maintenance or for placement in residential care facilities, including, without limitation, private homes or any facility that provides care for unmarried mothers and their children. See West Virginia Code 49-1-206
• Code: shall mean the Code of West Virginia, 1931, as heretofore and hereafter amended. See West Virginia Code 8-1-2
• Continuance: Putting off of a hearing ot trial until a later time.
• 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
• Covered employment: means either: (1) Employment as a full-time municipal police officer or firefighter and the active performance of the duties required of that employment. See West Virginia Code 8-22A-2
• Credited service: means the sum of a member's years of service, active military duty, and disability service. See West Virginia Code 8-22A-2
• Custodian: means a person who has or shares actual physical possession or care and custody of a child, regardless of whether that person has been granted custody of the child by any contract or agreement. See West Virginia Code 49-1-204
• Dependent: A person dependent for support upon another.
• Dependent child: means either: (1) An unmarried person under age 18 who is: (A) A natural child of the member. See West Virginia Code 8-22A-2
• Dependent parent: means the father or mother of the member who was claimed as a dependent by the member for federal income tax purposes at the time of the member's death. See West Virginia Code 8-22A-2
• Effective date: means January 1, 2010. See West Virginia Code 8-22A-2
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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
• 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
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the West Virginia Municipal Police Officers and Firefighters Retirement Fund created by this article. See West Virginia Code 8-22A-2
• 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.
• Imminent danger to the physical well-being of the child: means an emergency situation in which the welfare or the life of the child is threatened. See West Virginia Code 49-1-201
• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Juvenile: means any person under eighteen years of age or is a transitioning adult. See West Virginia Code 49-1-202
• Law-enforcement officer: means a law-enforcement officer of the State Police, a municipality or county sheriff'. See West Virginia Code 49-1-208
• Medical examination: means an in-person or virtual examination of a member's physical or mental health, or both, by a physician or physicians selected or approved by the board. See West Virginia Code 8-22A-2
• Member: means , except as provided in §. See West Virginia Code 8-22A-2
• Municipal firefighter: means an individual employed as a member of a paid fire department by a West Virginia municipality or municipal subdivision which has established and maintains a municipal firemen's pension and relief fund, and who is not a member of, and not eligible for membership in, a municipal firemen's pension and relief fund as provided in §. See West Virginia Code 8-22A-2
• Municipal police officer: means an individual employed as a member of a paid police department by a West Virginia municipality or municipal subdivision which has established and maintains a municipal policemen's pension and relief fund, and who is not a member of, and not eligible for membership in, a municipal policemen's pension and relief fund as provided in §. See West Virginia Code 8-22A-2
• Neglected child: means a child:

  (A) Whose physical or mental health is harmed or threatened by a present refusal, failure or inability of the child&rsquo. See West Virginia Code 49-1-201

• Normal form: means a monthly annuity which is one twelfth of the amount of the member's accrued benefit which is payable for the member's life. See West Virginia Code 8-22A-2
• Normal retirement age: means the first to occur of the following: (1) Attainment of age 50 years and the completion of 20 or more years of regular contributory service. See West Virginia Code 8-22A-2
• Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
• Out-of-home placement: means a post-adjudication placement in a foster family home, kinship parent home, group home, nonsecure facility, emergency shelter, hospital, psychiatric residential treatment facility, staff secure facility, hardware secure facility, detention facility, or other residential placement other than placement in the home of a parent, custodian, or guardian. See West Virginia Code 49-1-206
• 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
• Parental rights: means any and all rights and duties regarding a parent to a minor child. See West Virginia Code 49-1-204
• Parenting skills: means a parent'. See West Virginia Code 49-1-204
• Permanency plan: means the part of the case plan which is designed to achieve a permanent home for the child in the least restrictive setting available. See West Virginia Code 49-1-201
• Person: shall mean any individual, firm, partnership, corporation, company, association, joint-stock association, or any other entity or organization of whatever character or description. See West Virginia Code 8-1-2
• 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
• Plan: means the West Virginia Municipal Police Officers and Firefighters Retirement System established by this article. See West Virginia Code 8-22A-2
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Regular contributory service: means a member's credited service excluding active military duty, disability service and accrued annual and sick leave service. See West Virginia Code 8-22A-2
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Respondent: means all parents, guardians, and custodians identified in the child abuse and neglect petition who are not petitioners or copetitioners. See West Virginia Code 49-1-201
• retirement: means the first day of the month following or coincident with the latter of the last day the member worked in covered employment or the member's normal retirement age and after completing proper written application for retirement on an application supplied by the board. See West Virginia Code 8-22A-2
• Retirement income payments: means the monthly retirement income payments payable. See West Virginia Code 8-22A-2
• Sexual abuse: means :

  (A) Sexual intercourse, sexual intrusion, sexual contact, or conduct proscribed by §. See West Virginia Code 49-1-201

• Sexual assault: means any of the offenses proscribed in §. See West Virginia Code 49-1-201
• Spouse: means the person to whom the member is legally married on the annuity starting date. See West Virginia Code 8-22A-2
• 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
• state department: means the West Virginia Department of Health and Human Resources. See West Virginia Code 49-1-208
• Statute: A law passed by a legislature.
• Surviving spouse: means the person to whom the member was legally married at the time of the member's death and who survived the member. See West Virginia Code 8-22A-2
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Totally disabled: means a member's inability to engage in substantial gainful activity by reason of any medically determined physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months. See West Virginia Code 8-22A-2
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Venue: The geographical location in which a case is tried.
• Waiver: means a declaration that a certain legislative rule is inapplicable in a particular circumstance. See West Virginia Code 49-1-203