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 bill permits the release of identifying information to the Ombudsman, which is typically kept confidential.

The bill also includes several deletions and reclassifications of existing legal language to streamline the provisions regarding the confidentiality of records. For instance, it clarifies that the identity of individuals reporting child abuse may be disclosed to the Foster Care Ombudsman while maintaining protections for other parties involved. Furthermore, the bill outlines the penalties for willful violations of confidentiality, ensuring that the integrity of sensitive information is upheld while allowing necessary oversight by the Foster Care Ombudsman. Overall, the legislation aims to improve the oversight and accountability of child welfare cases in West Virginia.

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