reglab/housing_qa huggingface dataset:
WV Code § 49-2-502 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-502. Powers of the Secretary

In the care and treatment of children with special health care needs the Secretary of the Department of Health and Human Resources shall, so far as funds are available for the following purposes:(1) Locate children with special health care needs requiring medical, surgical or other corrective treatment and provide competent diagnosis to determine the treatment required.(2) Supply to children with special health care needs treatment, including hospitalization and aftercare leading to correction and rehabilitation.(3) Guide and supervise children with special health care needs to assure adequate care and treatment.
WV Code § 49-2-503 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-503. Report of Birth of Special Health Care Needs Child

Within thirty days after the birth of a child with a congenital deformity, the physician, midwife or other person attending the birth shall report to the Department of Health and Human Resources, on forms prescribed by them, the birth of the child.The report shall be solely for the use of the Department of Health and Human Resources and shall not be open for public inspection.
WV Code § 49-2-504 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-504. Assistance by Other Agencies

So far as practicable, the services and facilities of the State Department of Education, The Division of Vocational Rehabilitation Services and Division of Corrections or their successor organizations shall be available to the Department of Health and Human Resources for the purposes of this article.
WV Code § 49-2-505 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-505. Cost of Treatment

All payments from any corporation, association, program or fund providing insurance coverage or other payment for medicine, medical, surgical and hospital treatment, crutches, artificial limbs and those other and additional approved mechanical appliances and devices as may be reasonably required for a child with special health care needs, shall be applied toward the total cost of treatment.
WV Code § 49-2-601 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-601. Findings; Intent

§49-2-601. Findings; intent.(a) The West Virginia Legislature finds that families are the greatest resource available to individuals with developmental disabilities, and they must be supported in their role as primary caregivers. It further finds that supporting families in their effort to care for their family members at home is more efficient, cost effective and humane than placing the developmentally disabled person in an institutional setting.(b) The Legislature accepts the following as basic principles for providing services to support families of people with developmental disabilities:(1) The quality of life of children with developmental disabilities, their families and communities is enhanced by caring for the children within their own homes. Children with disabilities benefit by growing up in their own families, families benefit by staying together and communities benefit from the inclusion of people with diverse abilities.(2) Adults with developmental disabilities should be afforded the opportunity to make decisions for themselves, live in typical homes and communities and exercise their full rights as citizens. Developmentally disabled adults should have the option of living separately from their families but when this is not the case, families of disabled adults should be provided the support services they need.(3) Services and support for families should be individualized and flexible, should focus on the entire family and should promote the inclusion of people with developmental disabilities in all aspects of school and community life.(4) Families are the best experts about what they need. The service system can best assist families by supporting families as decision makers as opposed to making decisions for them.(c) The Legislature finds that there are at least ten thousand West Virginians with developmental disabilities who live with and are supported by their families, and that the state's policy is to prevent the institutionalization of people with developmental disabilities.(d) To maximize the number of families supported by this program, each family will contribute to the cost of goods and services based on their ability to pay, taking into account their needs and resources.(e) Therefore, it is the intent of the Legislature to initiate, within the resources available, a program of services to support families who are caring for family members with developmental disabilities in their homes.
WV Code § 49-2-602 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-602. Family Support Services; Responsibilities; Funds; Case Management; Outreach; Differential Fees

(a) The regional family support agency, designated under article two of this chapter, shall direct and be responsible for the individual assessment of each developmentally disabled person which it has designated and shall prepare a service plan with the developmentally disabled person's family. The needs and preferences of the family will be the basis for determining what goods and services will be made available within the resources available.(b) The family support program may provide funds to families to purchase goods and services included in the family service plan. Those goods and services related to the care of the developmentally disabled person may include, but are not limited to:(1) Respite care;(2) Personal and attendant care;(3) Child care;(4) Architectural and vehicular modifications;(5) Health-related costs not otherwise covered;(6) Equipment and supplies;(7) Specialized nutrition and clothing;(8) Homemaker services;(9) Transportation;(10) Utility costs;(11) Integrated community activities; and(12) Training and technical assistance.(c) As part of the family support program, the regional family support agency, designated under section six hundred two of this article, shall provide case management for each family to provide information, service coordination and other assistance as needed by the family.(d) The family support program shall assist families of developmentally disabled adults in planning and obtaining community living arrangements, employment services and other resources needed to achieve, to the greatest extent possible, independence, productivity and integration of the developmentally disabled adult into the community.(e) The family support program shall conduct outreach to identify families in need of assistance and shall maintain a waiting list of individuals and families in the event that there are insufficient resources to provide services to all those who request them.(f) The family support program may provide for differential fees for services under the program or for appropriate cost participation by the recipient families consistent with the goals of the program and the overall financial condition of the family.(g) Funds, goods or services provided to eligible families by the family support program under this article shall not be considered as income to those families for any purpose under this code or under the rules and regulations of any agency of state government.
WV Code § 49-2-603 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-603. Eligibility; Primary Focus

(a) To be eligible for the family support program, a family must have at least one family member who has a developmental disability, as defined in this article, living with the family.(b) The primary focus of the family support program is supporting: (1) Developmentally disabled children, school age and younger, within their families; (2) adults with developmental disabilities who choose to live with their families; and (3) adults with developmental disabilities for whom other community living arrangements are not available and who are living with their families.
WV Code § 49-2-604 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-604. Program Administration; Implementation; Procedures; Annual Evaluation; Coordination; Plans; Grievances; Reports

(a) The administering agency for the family support program is the Department of Health and Human Resources.(b) The Department of Health and Human Resources shall initially implement the family support program through contracts with an agency within four of the state's behavioral health regions, with the four regions to be determined by the Department of Health and Human Resources in consultation with the state family support council. These regional family support agencies of the family support program will be responsible for implementing this article and subsequent policies for the families of persons with developmental disabilities residing within their respective regions.(c) The Department of Health and Human Resources, in conjunction with the state family support council, shall adopt policies and procedures regarding:(1) Development of annual budgets;(2) Program specifications;(3) Criteria for awarding contracts for operation of regional family support programs and the role of regional family support councils;(4) Annual evaluation of services provided by each regional family support agency, including consumer satisfaction;(5) Coordination of the family support program and the use of its funds, throughout the state and within each region, with other publicly funded programs, including Medicaid;(6) Performance of family needs assessments and development of family service plans;(7) Methodology for allocating resources to families within the funds available; and(8) Resolution of grievances filed by families pertaining to actions of the family support program.(d) The Department of Health and Human Resources shall submit a report to the Governor and the Legislature on the family support program by September 15, of every year so long as the program is funded.
WV Code § 49-2-605 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-605. Regional and State Family Support Councils; Membership; Meetings; Reimbursement of Expenses

(a) Each regional family support agency shall establish a regional family support council comprised of at least seven members, of whom at least a majority shall be persons with developmental disabilities or their parents or primary caregivers. Each regional family support council shall meet at least quarterly to advise the regional family support agency on matters related to local implementation of the family support program and to communicate information and recommendations regarding the family support program to the State Family Support Council.(b) The Secretary of the Department of Health and Human Resources shall appoint a State Family Support Council comprised of at least twenty-two members, of whom at least a majority shall be persons with developmental disabilities or their parents or primary caregivers. A representative elected by each regional council shall serve on the state council. The state council shall also include a representative from each of the following agencies: The State Developmental Disabilities Council, the State Protection and Advocacy Agency, the Center for Excellence in Disabilities, the Office of Special Education, the Behavioral Health Care Providers Association and the Early Intervention Interagency Coordinating Council.(c) The state council shall meet at least quarterly. The state council will participate in the development of program policies and procedures, annual contracts and perform other duties as are necessary for statewide implementation of the family support program.(d) Members of the state and regional councils who are a member of the family or the primary caregiver of a developmentally disabled person shall be reimbursed for travel and lodging expenses incurred in attending official meetings of their councils. Child care expenses related to the developmentally disabled person shall also be reimbursed. Members of regional councils who are eligible for expense reimbursement shall be reimbursed by their respective regional family support agencies.
WV Code § 49-2-701 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-701. Caregiver Consent for Minor's Health Care; Treatment

§49-2-701. Caregiver consent for minor's health care; treatment.(a) Except for minor children placed under the custody of the Department of Health and Human Resources pursuant to proceedings established by this chapter, a caregiver who possesses and presents a notarized affidavit pursuant to section seven hundred three of this article may consent on behalf of a minor to health care and treatment.(b) Examination and treatment shall be prescribed by or under the supervision of a physician, advanced practice nurse, dentist or mental health professional licensed to practice in the state.
WV Code § 49-2-702 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-702. Duty of Health Care Facility or Practitioner

The decision of a caregiver who possesses and presents a notarized affidavit of caregiver consent for a minor's health care pursuant to section seven hundred three of this article shall be honored by a health care facility or practitioner unless the health care facility or practitioner has actual knowledge that a parent, legal custodian or guardian of a minor has made a contravening decision to consent to or to refuse medical treatment for the minor.
WV Code § 49-2-703 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-703. Affidavit of Caregiver Consent; Requirements

An affidavit of caregiver consent for a minor's health care shall include the following:(1) The caregiver's name and current home address;(2) The caregiver's birth date;(3) The relationship of the caregiver to the minor;(4) The minor's name;(5) The minor's birth date;(6) The length of time the minor has resided with the caregiver;(7) The caregiver's signature under oath affirming the truth of the matter asserted in the affidavit;(8) The signature of the minor's parent, guardian or legal custodian consenting to the caregiver's authority over the minor's health care. The signature of the minor's parent, guardian or legal custodian is not necessary if the affidavit includes the following:(A) A statement that the caregiver has attempted, but has been unable to obtain, the signature of the minor's parent, guardian or legal custodian;(B) A statement that the minor's parent, guardian or legal custodian has not refused to give consent for health care and treatment of the minor child; and(C) A description, in detail, of the attempts the caregiver made to obtain the signature of the minor's parent, guardian or legal custodian; and(9) A statement, as follows:"General Notices:This declaration does not affect the rights of the minor's parent, guardian or legal custodian regarding the care, custody and control of the minor, other than with respect to health care, and does not give the caregiver legal custody of the minor.This affidavit is valid for one year unless the minor no longer resides in the caregiver's home. Furthermore, the minor's parent, guardian or legal custodian may at any time rescind this affidavit of caregiver consent for a minor's health care by providing written notification of the rescission to the appropriate health care professional.A person who relies in good faith on this affidavit of caregiver consent for a minor's health care has no obligation to conduct any further inquiry or investigation and is not subject to civil or criminal liability or to professional disciplinary action because of that reliance."
WV Code § 49-2-704 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-704. Revocation and Termination of Consent; Written Notice; Validity

(a) The affidavit of caregiver consent for a minor's health care is superseded by written notification from the minor's parent, guardian or legal custodian to the health care professionals providing services to the minor that the affidavit has been rescinded.(b) The affidavit of caregiver consent for a minor's health care is valid for one year unless the minor no longer resides in the caregiver's home or a parent, guardian or legal custodian revokes his or her approval by written notification to the health care professionals providing services to the minor that the affidavit has been rescinded. If a parent, guardian or legal custodian revokes approval, the caregiver shall notify any health care provider or health service plans with which the minor has been involved through the caregiver.
WV Code § 49-2-705 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-705. Good Faith Reliance on Affidavit; Applicability

(a) Any person who relies in good faith on the affidavit of caregiver consent for a minor's health care:(1) Has no obligation to conduct any further inquiry or investigation; and(2) Is not subject to civil or criminal liability or to professional disciplinary action because of the reliance.(b) Subsection (a) of this section applies even if medical treatment is provided to a minor in contravention of a decision of a parent, legal custodian or guardian of the minor who signed the affidavit if the person providing care has no actual knowledge of the decision of the parent, legal custodian or guardian.
WV Code § 49-2-706 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-706. Exceptions to Applicability

The consent authorized by this section is not applicable for purposes of the Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq., or Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §701.
WV Code § 49-2-707 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-707. Penalty for False Statement

A person who knowingly makes a false statement in an affidavit under this article is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000.
WV Code § 49-2-708 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-708. Rule-Making Authority

(a) The Secretary of the Department of Health and Human Resources is authorized to propose rules for legislative approval necessary to implement this article in accordance with §29A-3-1 et seq. of this code.(b) The rules:(1) Shall create a three year certification period for a foster home, unless a substantial change occurs. A home safety assessment is performed at least annually. The department has sole authority to determine if a substantial change has occurred;(2) Shall require that a criminal background check be conducted at the time of the recertification;(3) May not prevent the placement or cause the removal of a foster child for cosmetic damage to a residence. "Cosmetic damages" means damage that does not affect the safety or wellbeing of a child; (4) Shall permit the use of dedicated sleeping spaces as appropriate for the childs needs and age, and similar to the sleeping spaces for other household members; and (5) Shall review and update the legislative rules while considering normalcy and the reasonable and prudent parent standard.(c) Notwithstanding the time frames in §29A-3-1 et seq., of this code the department shall revise the foster care legislative rules and shall submit for review and approval to the Rule-Making Review Committee by October 31, 2019.
WV Code § 49-2-801 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-801. Purpose

§49-2-801. Purpose.It is the purpose of this article through the complete reporting of child abuse and neglect:(1) To protect the best interests of the child;(2) To offer protective services in order to prevent any further harm to the child or any other children living in the home; (3) To stabilize the home environment, to preserve family life whenever possible;(4) To promote adult responsibility for protecting children; and(5) To encourage cooperation among the states to prevent future incidents of child abuse and neglect and in dealing with the problems of child abuse and neglect.
WV Code § 49-2-803 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-803. Persons Mandated to Report Suspected Abuse and Neglect; Requirements

(a) Any medical, dental, or mental health professional, Christian Science practitioner, religious healer, school teacher or other school personnel, social service worker, child care or foster care worker, emergency medical services personnel, peace officer or law-enforcement official, humane officer, member of the clergy, circuit court judge, family court judge, employee of the Division of Juvenile Services, magistrate, youth camp administrator or counselor, employee, coach or volunteer of an entity that provides organized activities for children, or commercial film or photographic print processor who has reasonable cause to suspect that a child is neglected or abused, including sexual abuse or sexual assault, or observes the child being subjected to conditions that are likely to result in abuse or neglect shall immediately, and not more than 24 hours after suspecting this abuse or neglect, report the circumstances to the Department of Health and Human Resources. In any case where the reporter believes that the child suffered serious physical abuse or sexual abuse or sexual assault, the reporter shall also immediately report to the State Police and any law-enforcement agency having jurisdiction to investigate the complaint. Any person required to report under this article who is a member of the staff or volunteer of a public or private institution, school, entity that provides organized activities for children, facility, or agency shall also immediately notify the person in charge of the institution, school, entity that provides organized activities for children, facility, or agency, or a designated agent thereof, who may supplement the report or cause an additional report to be made: Provided, That notifying a person in charge, supervisor, or superior does not exempt a person from his or her mandate to report suspected abuse or neglect.(b) County boards of education and private school administrators shall provide all employees with a written statement setting forth the requirements contained in this section and shall obtain and preserve a signed acknowledgment from school employees that they have received and understand the reporting requirement.(c) Nothing in this article is intended to prevent individuals from reporting suspected abuse or neglect on their own behalf. In addition to those persons and officials specifically required to report situations involving suspected abuse or neglect of children, any other person may make a report if that person has reasonable cause to suspect that a child has been abused or neglected in a home or institution or observes the child being subjected to conditions or circumstances that would reasonably result in abuse or neglect. (d) The provisions of this section are not applicable to persons under the age of 18.