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WV Code § 49-4-108 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-108. Payment of Services

(a) At any time during any proceedings brought pursuant to this chapter, the court may upon its own motion, or upon a motion of any party, order the Department of Health and Human Resources to pay the Medicaid rates for professional services rendered by a health care professional to a child or other party to the proceedings. Professional services include, but are not limited to, treatment, therapy, counseling, evaluation, report preparation, consultation and preparation of expert testimony. A health care professional shall be paid by the Department of Health and Human Resources upon completion of services and submission of a final report or other information and documentation as required by the policies implemented by the Department of Health and Human Resources: Provided, That if the service is covered by Medicaid and the service is not provided within 30 days, the court may order the service to be provided by a provider at a rate higher than the Medicaid rate. The department may object and request to be heard, after which the court shall issue findings of fact and conclusions of law supporting its decision.(b) At any time during any proceeding brought pursuant to this chapter, the court may upon its own motion, or upon a motion of any party, order the Department of Health and Human Resources to pay for socially necessary services rendered by an entity who has agreed to comply with §9-2-6(21) of this code. The Department of Health and Human Resources shall set the reimbursement rates for the socially necessary services: Provided, That if services are not provided within 30 days, the court may order a service to be provided by a provider at a rate higher than the department established rate. The department may object and request to be heard, after which the court shall issue findings of fact and conclusions of law supporting its decision.
WV Code § 49-4-109 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-109. Guardianship of Estate of Child Unaffected

This chapter may not be construed to give the guardian appointed hereunder the guardianship of the estate of the child, or to change the age of minority for any other purpose except the custody of the child.The guardian of the estate of a child committed to guardianship hereunder shall furnish, when and in the form as may be required, full information concerning the property of the child to the state department or to the court or judge before whom the case of the child is heard.
WV Code § 49-4-110 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-110. Foster Care; Quarterly Status Review; Transitioning Adults; Annual Permanency Hearings

(a) For each child who remains in foster care as a result of a juvenile proceeding or as a result of a child abuse and neglect proceeding, the circuit court with the assistance of the multidisciplinary treatment team shall conduct quarterly status reviews in order to determine the safety of the child, the continuing necessity for and appropriateness of the placement, the extent of compliance with the case plan, and the extent of progress which has been made toward alleviating or mitigating the causes necessitating placement in foster care, and to project a likely date by which the child may be returned to and safety maintained in the home or placed for adoption or legal guardianship. Quarterly status reviews shall commence three months after the entry of the placement order. The permanency hearing provided in subsection (c) of this section may be considered a quarterly status review.(b) For each transitioning adult as that term is defined in section two hundred two, article one of this chapter who remains in foster care, the circuit court shall conduct status review hearings as described in subsection (a) of this section once every three months until permanency is achieved.(c) For each child or transitioning adult who continues to remain in foster care, the circuit court shall conduct a permanency hearing no later that twelve months after the date the child or transitioning adult is considered to have entered foster care, and at least once every twelve months thereafter until permanency is achieved. For purposes of permanency planning for transitioning adults, the circuit court shall make factual findings and conclusions of law as to whether the department made reasonable efforts to finalize a permanency plan to prepare a transitioning adult for emancipation or independence or another approved permanency option such as, but not limited to, adoption or legal guardianship pursuant to the West Virginia Guardianship and Conservatorship Act.(d) Nothing in this section may be construed to abrogate the responsibilities of the circuit court from conducting required hearings as provided in other provisions of this code, procedural court rules, or setting required hearings at the same time.
WV Code § 49-4-113 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-113. Duration of Custody or Guardianship of Children Committed to Department

(a) A child committed to the department for guardianship, after termination of parental rights, shall remain in the care of the department until he or she attains the age of eighteen years, or is married, or is adopted, or guardianship is relinquished through the court.(b) A child committed to the department for custody shall remain in the care of the department until he or she attains the age of eighteen years, or until he or she is discharged because he or she is no longer in need of care.
WV Code § 49-4-115 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-115. Emancipation

(a) A child over the age of sixteen may petition a court to be declared emancipated. The parents or custodians shall be made respondents and, in addition to personal service thereon, there shall be publication as a Class II legal advertisement in compliance with article three, chapter fifty-nine of this code.(b) Upon a showing that the child can provide for his or her physical and financial well-being and has the ability to make decisions for himself or herself, the court may for good cause shown declare the child emancipated. The child shall thereafter have full capacity to contract in his or her own right and the parents or custodians have no right to the custody and control of the child or duty to provide the child with care and financial support.(c) A child over the age of sixteen years who marries is emancipated by operation of law. An emancipated child has all of the privileges, rights and duties of an adult, including the right of contract, except that the child remains a child as defined for the purposes of part ten, article two, or part seven, article four of this chapter.
WV Code § 49-4-116 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-116. Voluntary Placement; Petition; Requirements; Attorney Appointed; Court Hearing; Orders

(a) Within ninety days of the date of the signatures to a voluntary placement agreement, after receipt of physical custody, the department shall file with the court a petition for review of the placement. The petition shall include:(1) A statement regarding the child's situation; and,(2) The circumstance that gives rise to the voluntary placement.(b) If the department intends to extend the voluntary placement agreement, the department shall file with the court a copy of the child's case plan.(c) The court shall appoint an attorney for the child, who shall receive a copy of the case plan as provided in subsection (b) of this section.(d) The court shall schedule a hearing and give notice of the time and place and right to be present at the hearing to:(1) The child's attorney;(2) The child, if twelve years of age or older;(3) The child's parents or guardians;(4) The child's foster parents;(5) Any preadoptive parent or relative providing care for the child; and(6) Any other persons as the court may in its discretion direct.The child's presence at the hearing may be waived by the child's attorney at the request of the child or if the child would suffer emotional harm.(e) At the conclusion of the proceedings, but no later than ninety days after the date of the signatures to the voluntary placement agreement, the court shall enter an order:(1) Determining whether or not continuation of the voluntary placement is in the best interests of the child;(2) Specifying under what conditions the child's placement will continue;(3) Specifying whether or not the department is required to and has made reasonable efforts to preserve and to reunify the family; and(4) Providing a plan for the permanent placement of the child.
WV Code § 49-4-201 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-201. Accepting Possession of Certain Relinquished Children

(a) A hospital or health care facility operating in this state, or a fire department that has been designated a safe-surrender site under 49-4-206 of this code, shall, without a court order, take possession of a child if the child is voluntarily delivered to the hospital, health care facility, or fire department by the childs parent within 30 days of the childs birth, and the parent did not express an intent to return for the child.(b) A hospital, health care facility, or fire department that takes possession of a child under this article shall perform any act necessary to protect the physical health or safety of the child. In accepting possession of the child, the hospital, health care facility, or fire department may not require the person to identify himself or herself and shall otherwise respect the persons desire to remain anonymous.
WV Code § 49-4-202 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-202. Notification of Possession of Relinquished Child; Department Responsibilities

(a) (1) Not later than the close of the first business day after the date on which a hospital or health care facility takes possession of a child pursuant to 49-4-201 of this code, the hospital or health care facility shall notify the Child Protective Services Division of the Department of Health and Human Resources that it has taken possession of the child and shall provide the division any information provided by the parent delivering the child. The hospital or health care facility shall refer any inquiries about the child to the Child Protective Services Division.(2) Upon taking possession of a child pursuant to 49-4-201 of this code, a fire department shall:(A) Deliver the child to the nearest hospital or health care facility as soon as possible, but transport may begin no later than 30 minutes upon taking possession of a child; and(B) Notify the Child Protective Services Division of the Department of Health and Human Resources within two hours of taking possession of a child: (i) That it has delivered the child and identify the hospital or health care facility to which it delivered the child; and(ii) Provide the division any information provided by the parent delivering the child. (3) The fire department shall refer any inquiries about the child to the Child Protective Services Division.(b) The Department of Health and Human Resources shall assume the care, control, and custody of the child as of the time of delivery of the child to the hospital, health care facility, or fire department, and may contract with a private child care agency for the care and placement of the child after the child leaves the hospital, health care facility, or fire department.
WV Code § 49-4-203 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-203. Filing Petition After Accepting Possession of Relinquished Child

A child of whom the Department of Health and Human Resources assumes care, control and custody under this article is a relinquished child and to be treated in all respects as a child taken into custody pursuant to section three hundred three, article four of this chapter. Upon taking custody of a child under this article, the department, with the cooperation of the county prosecuting attorney, shall cause a petition to be presented pursuant to section six hundred two, article four of this chapter. The department and county prosecuting attorney may not identify in the petition the parent(s) who utilized this article to relinquish his or her child. Thereafter, the department shall proceed in compliance with part six, of this article.
WV Code § 49-4-204 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-204. Immunity From Certain Prosecutions

A parent who relinquishes his or her child in good faith within thirty days of the child's birth under this article is immune from prosecution under subsection (a), section four, article eight-d, chapter sixty-one of this code.
WV Code § 49-4-205 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-205. Adoption Eligibility

The child is eligible for adoption as an abandoned child under chapter forty-eight of the code.
WV Code § 49-4-206 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-206. Designation of Local Fire Department as a Safe-Surrender Site; Posting Requirement

The governing entity of a local fire department that is staffed 24 hours a day, seven days a week, may designate the premises of its fire department as a safe-surrender site to accept physical custody of a child who is 30 days old or younger from a parent of the child and who surrenders the child pursuant to 49-4-201 of this code. A local fire department that is designated a safe-surrender site shall post a sign that notifies the public that it is a location where a child 30 days old or younger may be safely surrendered pursuant to this article.
WV Code § 49-4-401 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-401. Purpose; System to Be a Complement to Existing Programs

Transition Plans and Aftercare Plans.§49-4-401. Purpose; system to be a complement to existing programs.(a) This article:(1) Provides a system for evaluation of and coordinated service delivery for children who may be victims of abuse or neglect and children undergoing certain status offense and delinquency proceedings;(2) Establishes, as a complement to other programs of the Department of Health and Human Resources, a multidisciplinary screening, advisory and planning system to assist courts in facilitating permanency planning, following the initiation of judicial proceedings, to recommend alternatives and to coordinate evaluations and in-community services; and(3) Ensures that children are safe from abuse and neglect and to coordinate investigation of alleged child abuse offenses and competent criminal prosecution of offenders to ensure that safety, as determined appropriate by the prosecuting attorney.(b) Nothing in this article precludes any multidisciplinary team from considering any case upon the consent of the members of the team.
WV Code § 49-4-404 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-404. Court Review of Service Plan; Hearing; Required Findings; Order; Team Member's Objections

(a) In any case in which a multidisciplinary treatment team develops an individualized service plan for a child or family pursuant to this article, the court shall review the proposed service plan to determine if implementation of the plan is in the child's best interests. If the multidisciplinary team cannot agree on a plan or if the court determines not to adopt the team's recommendations, it shall, upon motion or sua sponte, schedule and hold within ten days of the determination, and prior to the entry of an order placing the child in the custody of the department or in an out-of-home setting, a hearing to consider evidence from the team as to its rationale for the proposed service plan. If, after a hearing held pursuant to this section, the court does not adopt the teams's recommended service plan, it shall make specific written findings as to why the team's recommended service plan was not adopted.(b) In any case in which the court decides to order the child placed in an out-of-state facility or program it shall set forth in the order directing the placement the reasons why the child was not placed in an in-state facility or program.(c) Any member of the multidisciplinary treatment team who disagrees with recommendations of the team may inform the court of his or her own recommendations and objections to the team's recommendations. The recommendations and objections of the dissenting team member may be made in a hearing on the record, made in writing and served upon each team member and filed with the court and indicated in the case plan, or both made in writing and indicated in the case plan. Upon receiving objections, the court will conduct a hearing pursuant to paragraph (a) of this section.
WV Code § 49-4-407 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-407. Team Directors; Records; Case Logs

All persons directing any team created pursuant to this article shall maintain records of each meeting indicating the name and position of persons attending each meeting and the number of cases discussed at the meeting, including a designation of whether or not that case was previously discussed by any multidisciplinary team. Further, all investigative teams shall maintain a log of all cases to indicate the number of referrals to that team, whether or not a police report was filed with the prosecuting attorney's office, whether or not a petition was sought pursuant to part six of this article or whether or not a criminal complaint was issued and a case was criminally prosecuted. All treatment teams shall maintain a log of all cases to indicate the basis for failure to review a case for a period in excess of six months.
WV Code § 49-4-410 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-410. Other Agencies of Government Required to Cooperate

State, county and local agencies shall provide the multidisciplinary teams with any information requested in writing by the team as allowable by law or upon receipt of a certified copy of the circuit court's order directing the agencies to release information in its possession relating to the child. The team shall assure that all information received and developed in connection with this article remain confidential. For purposes of this section, the term "confidential" shall be construed in accordance with article five of this chapter.
WV Code § 49-4-411 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-411. Law Enforcement; Prosecution; Interference With Performance of Duties

No multidisciplinary team may take any action which, in the determination of the prosecuting attorney or his or her assistant, impairs the ability of the prosecuting attorney, his or her assistant, or any law-enforcement officer to perform his or her statutory duties.
WV Code § 49-4-412 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-412. Exemption From Multidisciplinary Team Review Before Emergency Out-of-Home Placements

Notwithstanding any provision of this article to the contrary, a multidisciplinary team meeting may not be required before temporary out-of-home placement of a child in an emergency circumstance or for purposes of assessment as provided by this article. As soon a practicable after the emergency circumstance, the mutidiscplinary treatment team shall convene to explore placement options.
WV Code § 49-4-413 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-413. Individualized Case Planning

(a) For any juvenile ordered to probation supervision pursuant to §49-4-714 of this code, the probation officer assigned to the juvenile shall develop and implement an individualized case plan in consultation with the juveniles parents, guardian or custodian, and other appropriate parties, and based upon the results of a needs assessment conducted within 90 days prior to the disposition to probation. The probation officer shall work with the juvenile and his or her family, guardian or custodian to implement the case plan following disposition. At a minimum, the case plan shall:(1) Identify the actions to be taken by the juvenile and, if appropriate, the juveniles parents, guardian or custodian to ensure future lawful conduct and compliance with the courts disposition order; and(2) Identify the services to be offered and provided to the juvenile and, if appropriate, the juveniles parents, guardian or custodian and may include services to address: Mental health and substance abuse issues; education; individual, group and family counseling services; community restoration; or other relevant concerns identified by the probation officer.(b) For any juvenile disposed to an out-of-home placement with the department, the department shall ensure that the residential service provider develops and implements an individualized case plan based upon the recommendations of the multidisciplinary team pursuant to §49-4-406 of this code and the results of a needs assessment. At a minimum, the case plan shall include:(1) Specific treatment goals and the actions to be taken by the juvenile in order to demonstrate satisfactory attainment of each goal;(2) The services to be offered and provided by the residential service providers; and(3) A detailed plan designed to assure appropriate reintegration of the juvenile to his or her family, guardian, school and community following the satisfactory completion of the case plan treatment goals, including a protocol and timeline for engaging the parents, guardians or custodians prior to the release of the juvenile.(c) For any juvenile committed to the Division of Corrections and Rehabilitation, the Division of Corrections and Rehabilitation shall develop and implement an individualized case plan based upon the recommendations made to the court by the multidisciplinary team pursuant to §49-4-406(c) of this code and the results of a risk and needs assessment. At a minimum, the case plan shall include:(1) Specific correctional goals and the actions to be taken by the juvenile to demonstrate satisfactory attainment of each goal;(2) The services to be offered and provided by the Division of Corrections and Rehabilitation and any contracted service providers; and(3) A detailed plan designed to assure appropriate reintegration of the juvenile to his or her family, guardian, school and community following the satisfactory completion of the case plan treatment goals, including a protocol and timeline for engaging the parents, guardians or custodians prior to the release of the juvenile.