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WV Code § 49-1-204 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 1. General Provisions and Definitions|§49-1-204. Definitions Related, but Not Limited, to Custodians, Legal Guardians and Family

When used in this chapter, terms defined in this section have the meanings ascribed to them that relate to, but are not limited to, custodians, legal guardians and family, except in those instances where a different meaning is provided or the context in which the word is used clearly indicates that a different meaning is intended.“Caregiver” means any person who is at least eighteen years of age and:(A) Is related by blood, marriage or adoption to the minor, but who is not the legal custodian or guardian of the minor; or(B) Has resided with the minor continuously during the immediately preceding period of six months or more.“Custodian” means a person who has or shares actual physical possession or care and custody of a child, regardless of whether that person has been granted custody of the child by any contract or agreement.“Dysfunctional family,” for the purposes of part two, article two of this chapter, means a parent or parents or an adult or adults and a child or children living together and functioning in an impaired or abnormal manner so as to cause substantial physical or emotional danger, injury or harm to one or more children thereof regardless of whether those children are natural offspring, adopted children, step children or unrelated children to that parents.“Legal or minor guardianship” means the permanent relationship between a child and a caretaker, established by order of the court having jurisdiction over the child or juvenile, pursuant to this chapter and chapter forty-four of this code.“Parent” means an individual defined as a parent by law or on the basis of a biological relationship, marriage to a person with a biological relationship, legal adoption or other recognized grounds.“Parental rights” means any and all rights and duties regarding a parent to a minor child.“Parenting skills” means a parent's competency in providing physical care, protection, supervision and psychological support appropriate to a child's age and state of development.“Siblings” means children who have at least one biological parent in common or who have been legally adopted by the same parent or parents.
WV Code § 49-1-205 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 1. General Provisions and Definitions|§49-1-205. Definitions Related, but Not Limited, to Developmental Disabilities

When used in this chapter, terms defined in this section have the meanings ascribed to them that relate to, but are not limited to, developmental disabilities, except in those instances where a different meaning is provided or the context in which the word is used clearly indicates that a different meaning is intended.“Developmental disability” means a severe, chronic disability of a person which:(A) Is attributable to a mental or physical impairment or a combination of mental and physical impairments;(B) Is manifested before the person attains age twenty-two;(C) Results in substantial functional limitations in three or more of the following areas of major life activity:(i) Self-care;(ii) Receptive and expressive language;(iii) Learning;(iv) Mobility;(v) Self-direction;(vi) Capacity for independent living; and(vii) Economic self-sufficiency; and(D) Reflects the person's need for services and supports which are of lifelong or extended duration and are individually planned and coordinated.(E) The term “developmental disability”, when applied to infants and young children, means individuals from birth to age five, inclusive, who have substantial developmental delays or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided.“Family or primary caregiver,” for the purposes of part six, article two of this chapter, means the person or persons with whom the developmentally disabled person resides and who is primarily responsible for the physical care, education, health and nurturing of the disabled person pursuant to the provisions of part six, article two of this chapter. The term does not include hospitals, nursing homes, personal care homes or any other similar institution.“Legal guardian,” for the purposes of part six of article two of this chapter, means the person who is appointed legal guardian of a developmentally disabled person and who is responsible for the physical and financial aspects of caring for that person, regardless of whether the disabled person resides with his or her legal guardian or another family member.
WV Code § 49-1-207 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 1. General Provisions and Definitions|§49-1-207. Definitions Related to Court Actions

When used in this chapter, terms defined in this section have the meanings ascribed to them that relate to, but are not limited to, court actions, except in those instances where a different meaning is provided or the context in which the word is used clearly indicates that a different meaning is intended.“Court” means the circuit court of the county with jurisdiction of the case or the judge in vacation unless otherwise specifically provided.“Court appointed special advocate (CASA) program” means a community organization that screens, trains and supervises CASA volunteers to advocate for the best interests of children who are involved in abuse and neglect proceedings section one hundred two, article three of this chapter.“Extrajudicial Statement” means any utterance, written or oral, which was made outside of court.“Juvenile referee” means a magistrate appointed by the circuit court to perform the functions expressly prescribed for a referee under the provisions of this chapter.“Multidisciplinary team” means a group of professionals and paraprofessionals representing a variety of disciplines who interact and coordinate their efforts to identify, diagnose and treat specific cases of child abuse and neglect. Multidisciplinary teams may include, but are not limited to, medical, educational, child care and law-enforcement personnel, social workers, psychologists and psychiatrists. Their goal is to pool their respective skills in order to formulate accurate diagnoses and to provide comprehensive coordinated treatment with continuity and follow-up for both parents and children.“Community team” means a multidisciplinary group which addresses the general problem of child abuse and neglect in a given community and may consist of several multidisciplinary teams with different functions.“Res gestae” means a spontaneous declaration made by a person immediately after an event and before the person has had an opportunity to conjure a falsehood.“Valid court order” means an order issued by a court of competent jurisdiction relating to a child brought before the court and who is the subject of that order. Prior to the entry of the order the child shall have received the full due process rights guaranteed to that child or juvenile by the Constitutions of the United States and the State of West Virginia.“Violation of a traffic law of West Virginia” means a violation of chapter seventeen-a, seventeen-b, seventeen-c or seventeen-d of this code except a violation of section one or two, article four, chapter seventeen-c of this code relating to hit and run or section one, two or three, article five of that chapter, relating, respectively, to negligent homicide, driving under the influence of alcohol, controlled substances or drugs and reckless driving.
WV Code § 49-1-208 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 1. General Provisions and Definitions|§49-1-208. Definitions Related, but Not Limited, to State and Local Agencies

When used in this chapter, terms defined in this section have the meanings ascribed to them that relate to, but are not limited to, state and local agencies, except in those instances where a different meaning is provided or the context in which the word is used clearly indicates that a different meaning is intended.“Department” or “state department” means the West Virginia Department of Health and Human Resources.“Division of Juvenile Services” means the division within the West Virginia Department of Military Affairs and Public Safety.“Law-enforcement officer” means a law-enforcement officer of the State Police, a municipality or county sheriff's department.“Secretary” means the Secretary of the West Virginia Department of Health and Human Resources.
WV Code § 49-1-209 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 1. General Provisions and Definitions|§49-1-209. Definitions Related, but Not Limited, to Missing Children

As used in article six of this chapter:“Child” means an individual under the age of eighteen years who is not emancipated;“Clearinghouse” means the West Virginia missing children information clearinghouse;“Custodian” means a parent, guardian, custodian or other person who exercises legal physical control, care or custody of a child;“Missing child” means a child whose whereabouts are unknown to the child's custodian and the circumstances of whose absence indicate that:(A) The child did not leave the care and control of the custodian voluntarily and the taking of the child was not authorized by law; or(B) The child voluntarily left the care and control of his or her custodian without the custodian's consent and without intent to return;“Missing child report” means information that is:(A) Given to a law-enforcement agency on a form used for sending information to the national crime information center; and(B) About a child whose whereabouts are unknown to the reporter and who is alleged in the form submitted by the reporter to be missing;“Possible match” means the similarities between an unidentified body of a child and a missing child that would lead one to believe they are the same child;“Reporter” means the person who reports a missing child; and“State agency” means an agency of the state, political subdivision of the state or public post-secondary educational institution.
WV Code § 49-2-101 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-101. Authorization and Responsibility

THE DEPARTMENT OF HEALTH AND HUMAN RESOURCES.§49-2-101. Authorization and responsibility.(a) The Department of Health and Human Resources is authorized to provide care, support and protective services for children who are handicapped by dependency, neglect, single parent status, mental or physical disability, or who for other reasons are in need of public service. The department is also authorized to accept children for care from their parent or parents, guardian, custodian or relatives and to accept the custody of children committed to its care by courts. The Department of Health and Human Resources or any county office of the department is also authorized and to accept temporary custody of children for care from any law-enforcement officer in an emergency situation.(b) The Department of Health and Human Resources is responsible for the care of the infant child of an unmarried mother who has been committed to the custody of the department while the infant is placed in the same licensed child welfare agency as his or her mother. The department may provide care for those children in family homes meeting required standards, at board or otherwise, through a licensed child welfare agency, or in a state institution providing care for dependent or neglected children. If practical, when placing any child in the care of a family or a child welfare agency the department shall select a family holding the same religious belief as the parents or relatives of the child or a child welfare agency conducted under religious auspices of the same belief as the parents or relatives.
WV Code § 49-2-102 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-102. Minimum Staffing Complement for Child Protective Services

[Repealed.]
WV Code § 49-2-103 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-103. Proceedings by the State Department

The state department shall have the authority to institute, in the name of the state, proceedings incident to the performance of its duties under the provisions of this chapter.
WV Code § 49-2-104 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-104. Education of the Public

[Repealed.]
WV Code § 49-2-105 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-105. Administrative and Judicial Review

Any person, corporation, governmental official or child welfare agency, aggrieved by a decision of the secretary made pursuant to this chapter may contest the decision upon making a request for a hearing by the secretary within thirty days of receipt of notice of the decision. Administrative and judicial review shall be made in accordance with article five, chapter twenty-nine-a of this code. Any decision issued by the secretary may be made effective from the date of issuance. Immediate relief therefrom may be obtained upon a showing of good cause made by verified petition to the Circuit Court of Kanawha County or the circuit court of any county where the affected facility or child welfare agency may be located. The dependency of administrative or judicial review shall not prevent the secretary from obtaining injunctive relief pursuant to section one hundred twenty, article two of this chapter.
WV Code § 49-2-106 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-106. Department Responsibility for Foster Care Homes

It is the responsibility of the Department of Health and Human Resources to provide care for neglected children who are committed to its care for custody or guardianship. The department may provide this care for children in family homes meeting required standards of certification established and enforced by the Department of Health and Human Resources.
WV Code § 49-2-107 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-107. Foster-Home Care; Minimum Standards; Certificate of Operation; Inspection

(a) The department shall establish minimum standards for foster-home care to which all certified foster homes must conform by legislative rule. Any home that conforms to the standards of care set by the department shall receive a certificate of operation.(b) The certificate of operation shall be in force for three years from the date of issuance and may be renewed unless revoked because of willful violation of this chapter.(c) The certificate shall show the name of the person or persons authorized to conduct the home, its exact location and the number of children that may be received and cared for at one time and other information as set forth in legislative rule. No certified foster home shall provide care for more children than are specified in the certificate.(d) No unsupervised foster home shall be certified until an investigation of the home and its standards of care has been made by the department or by a licensed child welfare agency serving as a representative of the department.
WV Code § 49-2-108 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-108. Visits and Inspections; Records

The department or its authorized agent shall visit and inspect every certified foster home as often as is necessary to assure proper care is given to the children. Every certified foster home shall maintain a record of the children received. This record shall include information in a type, form, and manner as prescribed by the department in legislative rule.
WV Code § 49-2-109 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-109. Placing Children From Other States in Private Homes of State

An institution or organization incorporated under the laws of another state shall not place a child in a private home in the state without the approval of the department, and the agency so placing the child shall arrange for supervision of the child through its own staff or through a licensed child welfare agency in this state, and shall maintain responsibility for the child until he or she is adopted or discharged from care with the approval of the department.
WV Code § 49-2-110 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-110. Development of Standards of Child Care

The department shall develop standards for the care of children. It shall cooperate with, advise, and assist all child welfare agencies, including state institutions, which care for children who have been neglected, have been adjudicated delinquent, or have special needs such as physical, mental, or intellectual disabilities, and shall supervise those agencies. The department, in cooperation with child welfare agencies, shall formulate and make available standards of child care and services for children, to which all child welfare agencies must conform.
WV Code § 49-2-111 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-111. Supervision of Child Welfare Agencies by the Department; Records and Reports

(a) In order to improve standards of child care, the department shall cooperate with the governing boards of child welfare agencies, assist the personnel of those agencies through advice on progressive methods and procedures of child care and improvement of the service rendered, and assist in the development of community plans of child care. The department, or its duly authorized agent, may visit any child welfare agency to advise the agency on matters affecting the health of children. (b) Each child welfare agency shall keep records of each child under its control and care as the department may prescribe, and shall report to the department, whenever requested, facts as may be required with reference to the children, upon forms furnished by the department. All records regarding children and all facts learned about children and their parents or relatives shall be regarded as confidential and shall be properly safeguarded by the agency and the department.
WV Code § 49-2-111b (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-111b. Study of Kinship Foster Care Families

(a) The department shall conduct a study and make recommendations for improving services provided for kinship foster care families. This study shall include at a minimum:(1) A review of best practices in other states;(2) A proposal for an alternate system of regulation for kinship foster care that includes the same reimbursement as other foster care families as well as a reasonable time period for obtaining certification;(3) An evaluation of what training and supports are needed to ensure that kinship care homes are successful.(b) The results of this shall be shared with all members of the Legislature by October 1, 2019.
WV Code § 49-2-111c (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-111c. Priorities for Use of Funds

(a) Subject to appropriations by the Legislature, the department is authorized and directed to:(1) Enhance and increase efforts to provide services to prevent the removal of children from their homes;(2) Identify relatives and fictive kin of children in need of placement outside of the home;(3) Train kinship parents to become certified foster parents;(4) Expand a tiered foster care system that provides higher payments for foster parents providing care to, and child placing agencies providing services to, foster children who have severe emotional, behavioral, or intellectual problems or disabilities, with particular emphasis upon removing children in congregate care and placing them with suitable foster parents. This program shall be operational no later than December 1, 2020; and(5) Develop a pilot program to increase payment to uncertified kinship parents for the purpose of further helping families who have accepted kinship placements.(b) During fiscal year 2021, the department shall expend at least $16,900,000 for the purposes of implementing the priorities and objectives listed in this section.(c) On or before July 1, 2022 and on or before July 1 of every year thereafter, the secretary of the department shall present a report to the Joint Standing Committee on Government and Finance regarding the expenditures made pursuant to subsection (b) of this section and the departments progress in meeting the priorities and objectives listed in subsection (a) of this section: Provided, That the secretary shall provide the information described in this subsection and updates to previous reports at any time, upon request of the Joint Standing Committee on Government and Finance.
WV Code § 49-2-112 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-112. Family Homes; Approval of Incorporation by Secretary of State; Approval of Articles of Incorporation

Before issuing a charter for the incorporation of any organization having as its purpose the receipt of children for care or for placement in family homes, the Secretary of State shall provide a copy of the petition, together with any other information in his or her possession pertaining to the proposed corporation, to the secretary.
WV Code § 49-2-114 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-114. Application for License or Approval

(a) Any person or corporation or any governmental agency intending to act as a child welfare agency shall apply for a license, approval or registration certificate to operate child care facilities regulated by this chapter. Applications for licensure, approval or registration shall be made separately for each child care facility to be licensed, approved, certified or registered.(b) The secretary shall prescribe by legislative rule forms and reasonable application procedures including, but not limited to, fingerprinting of applicants and other persons responsible for the care of children for submission to the State Police and, if necessary, to the Federal Bureau of Investigation for criminal history record checks.(c) Before issuing a license, or approval, the secretary shall investigate the facility, program and persons responsible for the care of children. The investigation shall include, but not be limited to, review of resource need, reputation, character and purposes of applicants, a check of personnel criminal records, if any, and personnel medical records, the financial records of applicants, review of the facilities emergency evacuation plan and consideration of the proposed plan for child care from intake to discharge.(d) Before a home registration is granted, the secretary shall make inquiry as to the facility, program and persons responsible for the care of children. The inquiry shall include self-certification by the prospective home of compliance with standards including, but not limited to:(1) Physical and mental health of persons present in the home while children are in care;(2) Criminal and child abuse or neglect history of persons present in the home while children are in care;(3) Discipline;(4) Fire and environmental safety;(5) Equipment and program for the children in care; and(6) Health, sanitation and nutrition.(e) Further inquiry and investigation may be made as the secretary may direct and sees as necessary.(f) The secretary shall make a decision on each application within sixty days of its receipt and shall provide to unsuccessful applicants written reasons for the decision.