The bill amends the West Virginia Code to enhance the legal framework surrounding juvenile child abuse and neglect proceedings. It establishes specific requirements for circuit courts, including the issuance of an initial order upon the filing of a petition, which must set a hearing time and appoint counsel for the child. The bill emphasizes the right to legal representation for children and their parents or custodians, mandating the appointment of counsel for those who cannot afford it. Additionally, it requires courts to document their findings regarding the department's efforts to address the circumstances of alleged abuse or neglect, and introduces provisions for the appointment of court-appointed special advocates (CASA) in relevant cases.
Significant changes include the insertion of language clarifying the responsibilities of the court in appointing qualified counsel and ensuring that guardians ad litem adhere to court orders and relevant rules. The bill also outlines the development of case plans by the department following a court's determination of abuse or neglect, emphasizing reasonable efforts to reunify families while detailing circumstances under which such efforts may not be required. Furthermore, it mandates that courts document their findings on family preservation efforts and the appropriateness of placements, while establishing new responsibilities for guardians ad litem to maintain regular contact with children during improvement periods. Overall, the bill aims to protect the welfare of children in the foster care system while providing parents with opportunities for rehabilitation and reunification.
Statutes affected: Introduced Version: 49-4-601, 49-4-602, 49-4-604, 49-4-608, 49-4-610