This bill amends the West Virginia Code to establish a framework for the creation and operation of child protection commissioners appointed by the Supreme Court of Appeals. It introduces a new section, 49-4-118, which defines the roles, powers, and responsibilities of these commissioners, who must be licensed attorneys with experience in juvenile law. The bill allows for the establishment of multi-circuit regions to improve efficiency in handling child welfare cases and grants commissioners the authority to conduct hearings, manage case plans, and issue non-binding reports to circuit judges, while maintaining that the circuit court retains ultimate decision-making authority. Additionally, it addresses the retirement benefits of certain retired public employees, enabling them to serve as child protection commissioners without suspending their retirement annuities, thereby addressing the shortage of qualified personnel in child protective services.

Furthermore, the bill amends the current law regarding the retirement system for judges of courts of record in West Virginia, specifically concerning the roles and compensation of senior judges and justices. It recognizes the authority of the West Virginia Supreme Court of Appeals to recall retired judges for temporary assignments and introduces provisions for these senior judges and justices to serve as child protection commissioners and law clerks for circuit judges or justices. The bill outlines the compensation structure for recalled judges, including per diem rates and conditions under which their combined compensation and retirement benefits may exceed the annual salary of a sitting judge, while emphasizing the necessity of a bona fide separation from service for retirees wishing to be reemployed by the Supreme Court. Overall, the legislation aims to enhance judicial efficiency and streamline the child welfare system in West Virginia.

Statutes affected:
Originating in Committee: 5-10-48, 49-1-207, 51-9-10, 49-4-118