This bill amends sections 49-4-608 and 49-4-610 of the Code of West Virginia, focusing on the responsibilities of circuit courts in juvenile child abuse and neglect proceedings. It requires courts to make specific findings of fact when issuing continuance orders and mandates that improvement period orders clearly outline the responsibilities of guardians ad litem. If the court determines that reasonable efforts to preserve the family are unnecessary, it must hold a permanency hearing within 30 days, followed by a review every 90 days until a permanent placement is achieved. The bill also emphasizes the court's duty to evaluate the appropriateness of the child's current placement and educational setting, as well as the necessary services to meet the child's needs.
Additionally, the bill introduces new requirements for improvement periods in child neglect or abuse cases, specifying that the court must detail the duties of the guardian ad litem during both pre-adjudicatory and post-adjudicatory periods. It mandates regular hearings to review respondents' progress and requires the department to prepare individualized family case plans. The bill clarifies that respondents are responsible for fulfilling all terms of the improvement period and allows the court to order the department to cover expenses if needed. It also establishes criteria for extending improvement periods and sets a limit to ensure that a child is not in foster care for more than 15 months out of the most recent 22 months unless compelling circumstances are demonstrated.
Statutes affected: Introduced Version: 49-4-601, 49-4-602, 49-4-604, 49-4-608, 49-4-610
Committee Substitute: 49-4-608, 49-4-610