Confirm the date and estimate the length of the adjudicatory hearing. If a continuance is granted in accordance with this rule, the court shall set forth in a written order its reasons for finding good cause. <> You have a right to have an attorney of your choice present before speaking with CPS. Any party receiving a written request to make information, documents, records, or evidence available for inspection, testing, copying, or photographing shall, within two (2) days, excluding weekends and holidays, comply with the request or provide a written explanation of the reasons for noncompliance to the parties and the court; A party whose request for discovery is not fully complied with may file a motion for an order compelling discovery. JFIF ZExif MM * J Q Q Q C You are not the first family this has happened to! <>>> Child Protective Services is a service provided by the West Virginia Department of Health and Human Resources. Although family, neighbors, school officials, and others may not understand your decisions or agree with your logic, that does not mean you are guilty of child abuse. If you believe CPS discriminated against you or your family on the basis of disability, race, color, national origin, age, sex, sexual orientation, gender identity, religion, or any other protected class, you may complete and mail Form IG-CR-3 within 180 days of the date you became aware of the alleged discriminatory act against you to file an internal grievance within the DHHR. In determining the appropriateness of granting visitation rights to the person seeking visitation, the court shall consider whether or not the granting of visitation would interfere with the child's case plan and the overall effect granting or denying visitation will have on the child's best interests. The most important thing to do is know your rights, read the laws, and get a lawyer. However, limited information has been available to child welfare workers, judges, and attorneys on the utility of drug testing and how to correctly interpret the results in the context of child welfare practice. These situations may include: Custody of Child Taken by a Law Enforcement Officer, Family Court Ordering Child Into State Custody, Temporary Custody Pending a Preliminary Hearing. To reach our office please use either: Family Functioning Assessment Notification Letters, Right of Sexual Assault Victims to Terminate Parental Rights, Federal Discrimination Grievance Procedure, How To Divorce In WV: 6 Simple Steps To Freedom, How Much Child Support Will I Get WV Law. We can answer all of your questions and help you get started. 3 0 obj You may opt to homeschool your child or otherwise parent in ways considered outside of the norm without fear of CPS investigation based on these factors alone, provided that your child is receiving adequate nutrition, education, and other necessities. However, if DHHR or the prosecutor refuse to bring an abuse and neglect petition, any person who believes abuse and neglect took place can file an abuse and neglect petition in Circuit Court. CPS must then immediately go to a Circuit Court judge or Magistrate Court judge and ask for an order for emergency custody. Time limits do apply, so be sure to contact us right away. You have the right to have information collected and maintained in the course of a CPS investigation and delivery of services held in confidence in accordance with WV Code 49-5-101(a). endstream DHHR will develop a family case plan if the respondent gets an improvement period. If you do allow CPS workers into your home, you are then giving them legal permission to gather evidence from your home. endobj If the social worker does deem your household or a member of the family to be a direct threat to a child, they can take your children away. Children and Families, Locate Local Coordinating Agencies for Children and Family Services, Locate WV Agencies for Early Childhood Services, View/Print Child and Family Services 5yr Plan, View Strategic Plan: Reduction of Dependence on Out-of-State Placement of Youth, Early Care and Education and 48-10-101, et seq. %PDF-1.5 % As with all CPS interventions, CPS must inform you of your rights related to accepting and cooperating with any proposed In-Home Safety Plan, as well as any alternatives or consequences. Review efforts to locate and serve all the parties; Advise unrepresented parties concerning their right to counsel and to appointed counsel, in which case the conference shall be reconvened at a later date; Determine whether the child shall be present and testify at adjudication and, if so, under what conditions; Conclude any unresolved discovery matters; Identify issues of law and fact for adjudication; Require the parties to develop a list of possible witnesses and brief summaries of their testimony; Determine the needs of out-of-town witnesses regarding scheduling; and. Child Protective Services is provided to families when children are abused or neglected by their parents, guardians or custodians responsible for the care of the children. 9 0 obj The order may also appoint a volunteer who helps look at what will be best for the child called a CASA or Court Appointed Special Advocate. Under this type of arrangement, your rights to make decisions on the childs behalf, such as education and medical care, may be limited, as the parent retains legal custody. The MDT develops, carries out, and monitors a service plan for the family to correct the problems that led to abuse and neglect. Sorry for the inconvenience. The court shall assure that any supervised visitation shall occur in surroundings and in a safe place, dignified, and suitable for visitation, taking into account the child's age and condition. The caseworkers at Child Protective Services can legally remove your children from your home, but only under certain circumstances. CPS can take your child away and terminate your rights as a parent. Yes, the DHHR must search for possible relatives who are interested in taking the child and would be a good, safe placement. The legal standard for abuse and neglect cases is clear and convincing evidence. 1-800-352-6513, >Bureau for At the time of first hearing, the court shall require the parents to complete financial statement forms for determination of Title IV-D and Title IV-E eligibility, the necessary forms to be provided by the Department of Health and Human Resources, and those forms necessary to determine both indigence and/or possible child support obligations. What To Do After A Car Crash: 5 Important Steps, How To Fight False Allegations And Criminal Charges In WV, Social Security Claim Denied? These persons are: Any medical, dental, or mental health professional As a parent, you have civil rights and human rights. This hotline is open 24 hours a day and 7 days a week. They commonly happen in secret and without fanfare. The judge may permit liberal consultation between counsel and the parties by adjournment, electronic means, or otherwise. Exhibits admitted into evidence shall be retained by the court for two (2) years or until dismissal of the proceedings from the court's docket, whichever occurs later, unless preservation of the exhibit is impractical or the parties agree that it is no longer necessary. Why diagnosis matters in Early Intervention. Gathers information by talking to witnesses and reviewing records; Monitors the judges orders and case plans; and. The requirement of writing is fulfilled if the motion is made in a written notice of the hearing on the motion. 5 0 obj Victims of sexual assault resulting in pregnancy have the right to petition the court to terminate the parental rights of their abuser without the involvement of DHHR. CPS does not have the right to do the following: Force their way into your home. The rules applicable to captions and other matters of form of pleadings apply to all motions and other papers provided for by these rules. This hearing takes places only if the parents rights have been cut off. Where a respondent has been served, no order adjudicating that such respondent has abused or neglected the child concerned until the time for answer for such respondent has expired and, if the answer is timely served, the respondent has been afforded at least 20 days from the date the answer was filed to prepare for adjudication or has waived such opportunity to prepare. A suitable family member may assume responsibility for the child under either informal or formal kinship care standards, as recognized by law. The Time is Nowvideo West Virginia Supreme Court of Appeals, Abuse & Neglect, Child Custody & Parenting Plans, Abuse & Neglect, Foster Care, Parental Rights (& Termination), Abuse & Neglect, Child Custody & Parenting Plans, Domestic Violence & Abuse, Child Abuse and Neglect: How Can Relatives Become Involved to Help The Child. Call (304) 636-7681. To get an improvement period, the respondent must admit there is a problem and make efforts to correct the problem. One is low pay the entry salary for a trainee is $27,000 a year. Among other things, the court may: Grant the requested discovery and specify the time within which it must be provided; Order appropriate sanctions for any clear misuse of discovery or arbitrary delay or refusal to comply with a discovery request; and. When a family court judge has ordered CPS to assist in the emergency custody and placement of a child based on clear and convincing evidence that there is exists an imminent danger to the physical well-being of the child as defined in WV Code 49-1-201, the child is not the subject of a pending action before the circuit court alleging abuse and neglect of the child, and there are no reasonable available alternatives to the emergency custody order, the CPS Social Worker MUST determine if any family members should be considered for placement of the child. CPS can not deny you your lawyer. As used in these rules, these terms are defined as follows: "Adjudicatory hearing" shall mean the hearing contemplated by W. Va. Code 49-4-601 to determine whether a child has been abused and/or neglected as alleged in the petition; "CASA" shall mean Court-Appointed Special Advocate as set forth in Rule 52; "Child's case plan" shall mean the plan prepared by the Department . Reports can also be made to the Abuse and Neglect Hotline ( 1-800-352-6513 ) 7 days a week, 24 hours a day. We strongly encourage you to consult your lawyer should legal issues arise in parenting your child or children with special needs. endobj A co-petitioner is a person who files an abuse or neglect petition along with the prosecuting attorney. Isner Law Office can assist with this process. You are entitled to a copy of your file at no cost. An improvement period is the time frame the judge gives the respondent to correct issues of abuse and neglect. At this hearing,the court will determine if the factors listed above exist. The person requesting visitation shall set forth his or her relationship to the child and the degree of personal contact previously existing with the child. Knowing your rights is important. DHHR staff prepare a family case plan with the help of the lawyers and the MDT. You have the right to refuse Child Protective Services as well as the right to be advised of the consequences when you refuse said services. DHHR will place the child with relatives if it is safe and appropriate. You may be assigned a Kinship Navigator to help you address any unmet needs of the child. Wkf; @8{;u+\%\j$.+|;0aL.Rg-EKvnIu4C(S@/IH7[xT-xZh+|U"*GT-4I9AW;mvjI~Cn2NQ7*u W^M[ caXY:K. Case Evaluation 6. If emergency custody was ordered before the preliminary hearing, the judge will decide if it should continue. Our CPS attorneys are dedicated to assisting loving, qualified grandparents throughout West Virginia with enjoying more meaningful relationships with their grandchildren. 1212.1 Texas Family Code Chapter 261 (Legal Definitions of Abuse and Neglect) 1212.2 Texas Family Code Chapter 262 (Removal of Children) An order for removal is typically granted by a judge, either after an investigation or before an investigation if they consider your situation such a severe emergency that it requires instant separation. <> $.' Having a psychological evaluation and following what is recommended; Getting treatment for drug or alcohol abuse; Going to supervised or unsupervised visits with the child; and. In fact, most lawyers (not that we can give legal advice) will want you to have them with you when speaking to CPS. You can read the West Virginia guidelines for Child Protective Services here. Chapter C of the Child and Family Services Manual is specifically for the Child Protective Services (CPS) program. 4 0 obj 34% increase in open Child Protective Services (CPS) cases between 2014-2017; West Virginia is #1 in child removal, nationally; West Virginia is #1 in congregate care usage, nationally; 63% of the children entering foster care are age 10 and younger. The purpose of the guidelines is to assist department staff in addressing child safety in these You have the right to these services whether or not you decide to stay in the relationship. <> To legally enter your home, CPS needs a court order or the belief that your child is in imminent danger. xUn0+x$bERc0@HP=(pF$eE,k;%9Y&)--Wb|sR:=%kwu+RU6 If brothers and sisters are separated, DHHR must give reasons to the judge for separating the children. Child Welfare Information Gateway (2021) Examines racial disparities in reunification rates and how child welfare professionals and communities can ensure reunification is the primary goal when children must be removed from their families. Children possess civil and human rights, including the right to: -experience the least trauma and interference in their lives as possible. Call (304) 636-7681. The data are essential to help policymakers understand how many children and youth come in contact with the child welfare system, and why. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. If a child is removed by CPS without a hearing, an emergency hearing mustbe held by a court on the "first working day" after removal, but no more thanthree days after removal (Texas Family Code ("TFC") 262.106). You can also report child abuse and neglect to your local police department. Pass a Home Study (including a home visit, safety check, interviews, and paperwork), 3. 8 0 obj SIX STEPS OF CPS ACTION 1. When this happens, as a grandparent and nearest known relative you have the right to be notified that the child is being placed into state custody, to be informed to contact CPS as soon as possible and to be considered as a potential adoptive parent of the child. Makes written reports to the judge and recommends what is best for the child. At the adjudicatory hearing, the prosecutor, the respondents lawyers, and the childrens lawyers present evidence to support or to defend against the abuse and neglect claims set forth in the petition. No portion of the case may be transferred or remanded to family court for this purpose. A written list of names and addresses of all witnesses whom the attorney for the petitioner intends to call in the presentation of the case-in-chief, together with any record of prior convictions of any such witnesses; Not less than five (5) days prior to any hearing wherein the respondent(s) intend(s) to introduce evidence, the respondent shall provide to the attorney for the petitioner, the attorney for the child, and all other persons entitled to notice and the right to be heard, the following information: Copies of books, papers, documents, photographs, tangible objects, buildings, or places which are within the possession, custody, or control of the respondent and which the respondent intends to introduce as evidence in chief at the trial; Copies of any results and reports of physical and/or mental examinations, if any, and copies of scientific tests and/or experiments, if any, made in connection with the particular case, if any of such copies are within the possession or control of the respondent, which the respondent intends to introduce as evidence in chief at the trial or which were prepared by a witness whom the respondent intends to call at the trial when the results and/or reports relate to his or her testimony; and. If these rules conflict with other rules or statutes, these rules shall apply. Child Protective Services is a service provided by the West Virginia Department of Health and Human Resources. The respondent in the abuse and neglect case is the adult who supposedly abused or neglected the children. ",#(7),01444'9=82. Because the parent was a victim, he or she could not stop the child abuse and neglect. You have the right to be free from intrusion into your home, except upon lawful consent. You will be granted broad decision-making capability and authority for the child. This rule is intended to neither increase nor decrease any rights of the grandparents as set forth in W.Va. Code 49-4-601, et seq. Here are eight of the most common reasons CPS may take children from a parent's home during an investigation. How Is Child Custody Determined In West Virginia? You have the right to be free from retaliation, intimidation, threats, coercion, and discrimination from the Bureau for Children and Families for the purpose of interfering with any right or privilege secured by Title VI, Section 504 (Title VI of the Civil Rights Act of 1964), or the Age Act, or because you have made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing. So our first advice is to BREATHE. Complete the Parent Resources for Information, Development, and Education (PRIDE) Training. Over the past decade, the number of cases has increased more than 70 percent. <> 4 0 obj Finally, in West Virginia, CPS workers are required to give you a pamphlet outlining all of your rights. Contact Isner Law Office today to schedule a consultation. Offices for Child Protective Services exist in all counties of New . The long term or permanency plan for the child is also included. In any case governed by these rules in which a child eleven (11) years old or less is to be a witness, the court, upon order of its own or upon motion of a party, may permit the child witness to testify through live, one-way, closed-circuit television whereby there shall be no transmission into the room from which the child witness is testifying. endobj xcd``d*G9202``braF fbf h No police officer or CPS worker can come into your home without your permission UNLESS they have a warrant. If DHHR decides your home is safe and appropriate, DHHR can then place the child in the home. However, we are not lawyers and can not give legal advice. All Rights Reserved. CPS must have a court order to force you into taking a drug test. <>/Metadata 1496 0 R/ViewerPreferences 1497 0 R>> Under the Keeping Children and Families Safe Act of 2003 amendment to the Child Abuse Prevention and Treatment Act (CAPTA), CPS is required to ensure you are as educated and involved as possible in decisions being made about your family. The judge may permit the child abuse and neglect proceeding to go forward after one parent personally is served, if it is established on the record that there have been diligent but unsuccessful efforts to serve all other parties and requisites of W. Va. Code 49-4-601 have been met. Center. Care Center Violation, Login FACTS Phone: (304) 558-0684 When a child is placed in the temporary custody of the Department or a responsible person pursuant to W. Va. Code 49-4-602, the final adjudicatory hearing shall commence within thirty (30) days of the temporary custody order entered following the preliminary hearing and must be given priority on the docket unless a preadjudicatory improvement period has been ordered. 3 0 obj endobj 6 0 obj We are having phone issues and our main number 304-636-7681 not connecting. I have even told families not to get too stressed out by this, as your first CPS call is common for many of us with kids with special needs. General CPS Grievances You have a right to express concern for the way you or your child were treated, including any services you are (and are not) permitted to receive. If you have questions, be sure to talk with your family provider. GAL stands for guardian ad litem. Learn more - sponsor or endorse the accuracy of the information on externally linked Our second piece of advice is to get a lawyer, because a lawyer can give you legal advice and neither of us are West Virginia lawyers. If CPS receives this order, CPS must file an abuse and neglect petition within 48 hours. Isner Law Office can assist with this process. 2022 West Virginia Court System - Supreme Court of Appeals. For example, you may choose to serve meals based on a non-traditional diet, such as vegan. A motion to compel discovery shall set forth the request for discovery, describe why the items or information sought are discoverable, and specify how the request was not in compliance; A party receiving a discovery request may file a motion to deny discovery or permit a limited response. endobj So think before letting a CPS worker into your home without a warrant. So you have the right unless they have a warrant to demand to talk with CPS when your lawyer is with you. Child Protective Services (CPS) strives to ensure safe, permanent, nurturing families for children by protecting them from abuse and neglect while attempting to preserve the family unit. 1-800-352-6513 ) 7 days a week, 24 hours a day. These rules are not to be applied or enforced in any manner which will endanger or harm a child. Unfortunately, physical violence is one of the most common reasons CPS removes children from their parents. The DHHR worker needs to know if anything happens with the child or the parent. If the Department is a petitioner, the petition may also be filed where the alleged abuse and/or neglect occurred, where the custodial respondent or one of the other respondents resides, or to the judge of the court in vacation. The WVDHHR does not West Virginia Autism Waiver and Social Security Disability Info. The court retains exclusive jurisdiction over placement of the child while the case is pending, as well as over any subsequent requests for modification, including, but not limited to, changes in permanent placement or visitation, except that (1) if the petition is dismissed for failure to state a claim under Chapter 49 of the W. Va. Code, or (2) if the petition is dismissed, and the child is thereby ordered placed in the legal and physical custody of both of his/her cohabitating parents without any visitation or child support provisions, then any future child custody, visitation, and/or child support proceedings between the parents may be brought in family court. How are abuse and neglect cases handled in court? Who investigates child abuse and neglect in West Virginia? If you are interested in providing your grandchild a more stable and secure future, Isner Law Office can help.
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