49-6-1 Petition to court when child believed neglected or abused; notice
49-6-1a Minimum staffing complement for child protective services
49-6-2 Petition to court when child believed neglected or abused — Right to counsel; improvement period; hearing; priority of proceeding; transcript
49-6-3 Petition to court when child believed neglected or abused — Temporary custody
49-6-4 Medical and mental examinations
49-6-5 Disposition of neglected or abused children
49-6-5b When efforts to terminate parental rights required
49-6-6 Modification of dispositional orders
49-6-7 Consensual termination of parental rights
49-6-8 Permanency hearing and permanent placement review
49-6-9 Custody in emergency situations
49-6-9a Authorizing a family court judge to order custody of a child in emergency situations
49-6-10 Duties of prosecuting attorney
49-6-10a Dispute resolution
49-6-11 Conviction for offenses against children
49-6-12 Improvement period in cases of child neglect or abuse
49-6-101 Clearinghouse function; State Police requirements; rule-making
49-6-102 State Department of Education; missing children program; rule-making
49-6-103 Information to clearinghouse
49-6-104 Custodian request for information
49-6-105 Missing child report forms; where filed
49-6-106 Missing child reports; law-enforcement agency requirements; unidentified bodies
49-6-107 Release of dental records; cause shown; immunity
49-6-108 Cross-checking and matching
49-6-109 Interagency cooperation
49-6-110 Confidentiality of records; rule-making; requirements
49-6-111 Attorney general to require compliance
49-6-112 Agencies to receive report; law-enforcement agency requirements
49-6-113 Clearinghouse Advisory Council; members, appointments and expenses; appointment, duties and compensation of director; annual reports
49-6-114 Powers and duties of clearinghouse advisory council; comprehensive strategic plan required to be provided to the Legislature
49-6-115 Public-private partnerships; funding

Terms Used In West Virginia Code > Chapter 49 > Article 6

  • 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
  • Abused child: means :

    (1) A child whose health or welfare is being harmed or threatened by:

    (A) A parent, guardian, or custodian who knowingly or intentionally inflicts, attempts to inflict, or knowingly allows another person to inflict, physical injury or mental or emotional injury, upon the child or another child in the home. 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
  • Adult: means a person who is at least eighteen years of age. See West Virginia Code 49-1-202
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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.
  • 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
  • Arrest: Taking physical custody of a person by lawful authority.
  • child: means any person under eighteen years of age. See West Virginia Code 49-1-2
  • child abuse or neglect: means any act or omission that creates an abused child or a neglected child as those terms are defined in this section. See West Virginia Code 49-1-201
  • 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 Juvenile Services pursuant to §. See West Virginia Code 49-1-206
  • Child care center: means a 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 for the care of 13 or more children for child care services in any setting, if the facility is open for more than 30 days per year per child. 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 or any facility that provides care for unmarried mothers and their children. See West Virginia Code 49-1-4
  • Condition requiring emergency medical treatment: means a condition which, if left untreated for a period of a few hours, may result in permanent physical damage. See West Virginia Code 49-1-201
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: means the circuit court of the county with jurisdiction of the case or the judge thereof in vacation unless otherwise specifically provided. See West Virginia Code 49-1-4
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Custodian: means a person who has or shares actual physical possession or care and custody of a child, regardless of whether such person has been granted custody of the child by any contract, agreement or legal proceedings. See West Virginia Code 49-1-4
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fraud: Intentional deception resulting in injury to another.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: means a person who has care and custody of a child as a result of any contract, agreement or legal proceeding. See West Virginia Code 49-1-4
  • 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: include any representation of words, letters or figures, whether by printing, engraving, writing or otherwise. See West Virginia Code 2-2-10
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • 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
  • Juvenile referee: means a magistrate appointed by the circuit court to perform the functions expressly prescribed for a referee under the provisions of this chapter. See West Virginia Code 49-1-207
  • Law-enforcement officer: means a law-enforcement officer of the State Police, a municipality or county sheriff's department. See West Virginia Code 49-1-208
  • 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's parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, supervision, medical care, or education, when that refusal, failure, or inability is not due primarily to a lack of financial means on the part of the parent, guardian, or custodian. See West Virginia Code 49-1-201

  • oath: shall be deemed to include an affirmation and the word "swear" or "sworn" to be complied with if the person referred to make solemn affirmation. See West Virginia Code 2-2-7
  • 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, 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's competency in providing physical care, protection, supervision and psychological support appropriate to a child's age and state of development. 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
  • Placement: means any temporary or permanent placement of a child who is in the custody of the state in any foster home, group home, or other facility or residence. See West Virginia Code 49-1-206
  • 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.
  • Quorum: The number of legislators that must be present to do business.
  • Referee: means a juvenile referee appointed pursuant to section one, article five-a of this chapter, except that in any county which does not have a juvenile referee, the judge or judges of the circuit court may designate one or more magistrates of the county to perform the functions and duties which may be performed by a referee under this chapter. See West Virginia Code 49-1-4
  • 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
  • Secretary: means the Secretary of Health and Human Resources. See West Virginia Code 49-1-4
  • 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
  • Sexual exploitation: means an act where:

    (A) A parent, custodian, or guardian, whether for financial gain or not, persuades, induces, entices or coerces a child to engage in sexually explicit conduct as that term is defined in §. See West Virginia Code 49-1-201

  • 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 state Department of Health and Human Resources. See West Virginia Code 49-1-4
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • Waiver: means a declaration that a certain legislative rule is inapplicable in a particular circumstance. See West Virginia Code 49-1-203