This bill amends the Code of West Virginia to enhance procedures in cases of child neglect or abuse, emphasizing the need for circuit courts to make specific findings of fact and conclusions of law in their orders. It mandates that upon the filing of a petition, the court must issue an initial order to set a hearing date and appoint counsel for the child, ensuring that both children and their parents are informed of their rights and provided with legal representation if they cannot afford it. The bill also introduces requirements for attorneys, including a minimum of eight hours of continuing legal education on child abuse and neglect procedures, and outlines the conditions under which temporary custody may be granted, focusing on the child's imminent danger and the absence of reasonable alternatives to removal.
Additionally, the bill details the development and implementation of case plans by the department following a court's determination of abuse or neglect, emphasizing reasonable efforts for family reunification while specifying circumstances where such efforts may not be required. It establishes new requirements for guardians ad litem and other appointed attorneys, including adherence to court orders for payment eligibility. The bill also addresses the responsibilities of the court in making disposition decisions, ensuring children's best interests and continuity of care, and introduces provisions for permanency hearings and transitional planning for older children. Notably, it specifies that parental rights cannot be terminated solely based on participation in medication-assisted treatment for substance use disorder, provided the parent is meeting treatment obligations.
Statutes affected: Introduced Version: 49-4-601, 49-4-602, 49-4-604, 49-4-608, 49-4-610