The bill amends West Virginia Code §49-5-101 to enhance the access of the Foster Care Ombudsman and their designee to confidential records concerning children or juveniles involved in cases of child abuse, neglect, or fatalities. Specifically, it introduces new provisions that allow the Foster Care Ombudsman to request information related to child abuse or neglect proceedings, including the identity of individuals reporting such cases, as long as the request is made in the course of their official duties. Additionally, in cases of child fatalities or near fatalities due to abuse or neglect, the Department of Human Services is required to make relevant information public while still protecting the identity of the reporter, except when shared with the Foster Care Ombudsman.

The bill also includes several deletions and reclassifications of existing legal language to streamline the provisions regarding confidentiality and access to records. For instance, it clarifies that law enforcement records concerning juveniles must be kept separate from adult records and outlines the penalties for willful violations of confidentiality. Furthermore, it establishes that certain confidential records may be disclosed for grievance proceedings under specific conditions, ensuring that the privacy of juveniles is maintained while allowing for necessary oversight and accountability.

Statutes affected:
Introduced Version: 49-5-101
Committee Substitute: 49-5-101