The proposed bill aims to establish the Child Protection Investigations Reform Act within the Code of West Virginia, specifically by adding a new section, 49-2-802a. This legislation mandates that the Department of Human Services must notify individuals accused of child abuse or neglect of their rights at the onset of an investigation. The notification must include a written summary that is clear and comprehensible, detailing the department's investigative procedures, the rights of the accused, and the process for accessing legal counsel. Additionally, a verbal notification must inform the individual of their rights under the Fourth Amendment, including the right against self-incrimination and the right to refuse certain actions without legal representation.
Furthermore, the bill stipulates that the Department of Human Services is required to create a verification form to confirm that the accused has received the necessary notifications. The provisions of this new section will only apply to investigations initiated after its effective date of July 1, 2025, ensuring that any reports made prior to this date will be governed by the existing laws. This reform is designed to enhance transparency and protect the rights of individuals involved in child abuse or neglect investigations.
Statutes affected: Introduced Version: 49-2-802a