reglab/housing_qa huggingface dataset:
WV Code § 49-4-723 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-723. Discrimination Prohibited; Penalties; Damages

(a) No individual, firm, corporation or other entity may discriminate against any person in any manner due to that person's prior involvement in a proceeding under this article if that person's records have been expunged pursuant to this article. This includes, but is not limited to, discrimination relating to employment, housing, education, obtaining credit, and contractual rights.(b) Any person who willfully violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000, or confined in jail for not more than six months, or both fined and confined. Additionally, a person who violates this section is liable to the person who has been discriminated against for damages in the amount of $300 or the actual amount of damages, whichever is greater.
WV Code § 49-4-724 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-724. Standardized Assessments

(a) The Supreme Court of Appeals is requested to adopt a risk and needs assessment to be used for adjudicated delinquents, detained and delivered to, or committed to the custody of the Commissioner of Corrections and Rehabilitation. A validation study of the risk and needs assessment may be conducted at least every three years to ensure that the risk and needs assessment is predictive of the risk of reoffending.(b) Each juvenile adjudicated for a delinquency offense and committed or detained with the Division of Corrections and Rehabilitation in accordance with §49-4-714(b)(5)(A) of this code shall undergo a risk and needs assessment prior to disposition to identify specific factors that predict a juveniles likelihood of reoffending and, when appropriately addressed, may reduce the likelihood of reoffending. The risk and needs assessment may be conducted by a division worker trained to conduct the risk and needs assessment.(c) Each multidisciplinary team convened pursuant to §49-4-406(c) of this code shall receive and consider the results of the risk and needs assessment of the juvenile.(d) The results of the risk and needs assessment shall be provided to the court prior to disposition or at the time of the dispositional hearing.
WV Code § 49-4-725 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-725. Restorative Justice Programs

(a) The court or prosecuting attorney may offer a juvenile, against whom a petition has been filed alleging that the juvenile has committed any of the offenses set forth in subsection (b) of this section, the opportunity to participate in a voluntary restorative justice program, where available, at any time prior to disposition of the case.(b) A juvenile is eligible to participate in a restorative justice program if the offense that the juvenile is alleged to have committed is:(1) A status offense;(2) An offense that would constitute a nonviolent offense if committed by an adult;(3) An offense that would constitute misdemeanor assault pursuant to 61-2-9(b) of this code if committed by an adult; or(4) An offense that would constitute misdemeanor battery pursuant to 61-2-9(c) of this code if committed by an adult.(c) The juvenile or the victim or both may decline and shall not be required to participate in a restorative justice program: Provided, That any declination by the juvenile or the victim or both shall not preclude future participation in a restorative justice program during the current proceeding or any subsequent proceeding under this article.(d) A restorative justice program shall implement measures agreed to by the victim and the juvenile which are designed to provide redress to the victim and community, including, but not limited to, restitution to the victim, restitution to the community, services for the victim, services for the community, or any other reasonable measure intended to provide restitution or services to the victim or the community.(e) If a juvenile is referred to, and successfully completes, a restorative justice program, including all agreed-to measures pursuant to subsection (d) of this section, the petition against the juvenile shall be dismissed.(f) No self-incriminating information obtained from the juvenile as the result of a restorative justice program is admissible as evidence against him or her in a subsequent proceeding under this article.
WV Code § 49-4-726 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-726. Study of Juvenile Competency Issues; Requiring and Requesting Report and Proposed Legislation; Submission to Legislature

(a) The Secretary of the Department of Health and Human Resources and the Secretary of the Department of Military Affairs and Public Safety are directed, and the Juvenile Justice Commission of the Supreme Court of Appeals is requested to undertake a collaborative investigation and evaluation of issues regarding juvenile competency. They shall:(1) Develop appropriate procedures for determining what actions should be taken when a juvenile is determined to lack substantial capacity to understand the proceedings against him or her brought under 49-4-704 of this code;(2) Recommend appropriate processes for juveniles to receive restorative services when found to be incompetent; and(3) Recommend appropriate disposition alternatives for juveniles found to be incompetent and not restorable, including a recommendation as to the location and operation of an appropriate facility to house juveniles determined to be incompetent, nonrestorable, and in need of out-of-home placement.(b) The secretaries shall issue a joint report of their findings and recommendations, together with draft legislation necessary to effectuate the recommendations, on or before July 31, 2020, to the President of the Senate and the Speaker of the House of Delegates.(c) The report shall:(1) Include models from other states considered to be best practices;(2) Include an estimate of the number of juveniles that may be affected by this procedure and data of trends by other states; (3) Include an estimate of the cost of providing restorative services and a recommendation of which agency should pay for the services; and(4) Ensure that any recommended legislation provides that all services be provided in the least restrictive placement for the juvenile and recommend a facility for the housing and treatment of juveniles determined to be incompetent, nonrestorable, and in need of out-of-home placement which can appropriately provide the juvenile with necessary services.(d) It is the intent of the Legislature in enacting this section to acknowledge the importance of ensuring the constitutionality of juvenile proceedings under 49-4-704 of this code.
WV Code § 49-4-730 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-730. Juvenile Competency Qualified Forensic Evaluator; Qualifications

An evaluation ordered by the court shall be conducted by a qualified forensic evaluator.(1) A qualified forensic evaluator shall have education and training in the following areas: (A) Forensic evaluation procedures for juveniles, including accepted criteria used in evaluating competency;(B) Evaluation, diagnosis, and treatment of children and adolescents with developmental disability, developmental immaturity, intellectual disability, or mental illness;(C) Clinical understanding of child and adolescent development; and(D) Familiarity with competency standards in this state.(2) The department shall establish procedures for ensuring the training and qualifications of qualified forensic evaluators. Annually, the department shall provide a list of qualified forensic evaluators to the Administrative Office of the Supreme Court of Appeals of West Virginia.
WV Code § 49-4-732 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-732. Hearing to Determine Juvenile S Competency to Participate in the Proceedings

(a) Not more than 15 judicial days after receiving the evaluators report, the court shall conduct a hearing to determine the juveniles competency to participate in the proceedings. The court may continue the hearing for good cause shown.(b) The competency evaluation report is admissible as evidence in the competency proceedings. The qualified forensic evaluator may be called as a witness and is subject to cross examination by all parties. If authorized by the court, hearings held pursuant to this section may be conducted by or participated in using teleconference or video conference technology. If the court contacts the qualified forensic evaluator to obtain clarification of the report contents, the court shall promptly inform all parties and allow each party to participate in each contact.(c) In determining the competency of the juvenile to participate in the proceedings, the court shall consider the content of all competency evaluation reports admitted as evidence. The court may consider additional evidence introduced at the hearing by the prosecuting attorney, the juveniles attorney, or guardian ad litem.(d) (1) Except as otherwise provided, the court shall make a written determination as to the juveniles competency based on a preponderance of the evidence within 10 judicial days after completion of the hearing. The applicable burden of proof shall be as set forth in 49-4-727 of this code.(2) The court shall not find a juvenile competent to proceed solely because the juvenile is receiving or has received in-patient treatment or is receiving or has received psychotropic or other medication, even if the juvenile might become incompetent to proceed without that medication.
WV Code § 49-4-734 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-734. Disposition Alternatives for Incompetent Juveniles

(a) If the court determines that the juvenile has attained competency, the court shall proceed with the delinquent juveniles proceeding in accordance with this article.(b) After a hearing pursuant to 49-4-732 of this code, if the court determines by the preponderance of the evidence that the juvenile is incompetent to proceed and cannot attain competency within the period of time set forth in 49-4-733(b)(3) of this code, the court may dismiss the petition without prejudice, or may take the following actions or any combination thereof the court determines to be in the juveniles best interest and the interest of protecting the public:(1) Refer the matter to the department and request a determination on whether a child abuse or neglect petition, pursuant to 49-4-601 et seq. of this code, should be filed; (2) Refer the juvenile to the department for services pursuant to 49-4-712 of this code. Services may include, but are not limited to, referral of the juvenile and his or her parents, guardians, or custodians and other family members to services for psychiatric or other medical care, or psychological, welfare, legal, education, or other social services, as appropriate to the needs of the juvenile and his or her family;(3) Place the juvenile in the custody of his or her parents or other suitable person or private or public institution or agency under terms and conditions as determined to be in the best interests of the juvenile and the public, which conditions may include the provision of out-patient services by any suitable public or private agency; or(4) Upon motion by the prosecuting attorney, stay the proceeding for no more than 20 days to allow the prosecuting attorney to initiate proceedings for civil commitment pursuant to 27-5-1 et seq. of this code if the juvenile has attained majority.(c) A circuit court may, sua sponte or upon a motion by any party direct that a dangerous assessment be performed prior to directing the resolutions set forth in subsection (b) of this section.
WV Code § 49-4-735 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-735. Stay of Transfer to Criminal Jurisdiction

If a juvenile is presumed incompetent under 49-4-727(c) of this code, or if the issue of the juveniles competency to participate in the proceedings is raised at any time during the proceedings for a juvenile presumed competent under 49-4-727(b) of this code, the procedures outlined in 49-4-727 through 49-4-734 of this code shall be used to determine the juveniles competency and if appropriate, restore the juveniles competency regardless of whether the case is to proceed under the courts juvenile jurisdiction or transfer to adult criminal jurisdiction pursuant to 49-4-710 of this code and corresponding Rules of Juvenile Procedure adopted by the Supreme Court of Appeals of West Virginia.
WV Code § 49-4-801 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-801. Support of a Child Removed From Home Pursuant to This Chapter; Order Requirements

§49-4-801. Support of a child removed from home pursuant to this chapter; order requirements.(a) It is the intent of the Legislature that to the extent practicable, this article should encourage and require a child's parents to meet the obligation of providing that child with adequate food, shelter, clothing, education, and health and child care.(b) This article shall be construed to be consistent with articles one, eleven, twelve, thirteen, fourteen, fifteen, sixteen, eighteen, nineteen and twenty four of chapter forty-eight of this code, and those articles apply to actions pursuant to this chapter unless expressly stated otherwise.(c) When a child is removed from his or her home pursuant to this chapter, the court shall issue a support order payable by the child's mother. If the child's legal father has been determined, the court shall issue a child support order payable by the legal father. If no legal father has been determined, the court shall issue an order establishing paternity prior to or simultaneously with establishing a support order payable by the child's legal father. Copies of the orders shall be provided to the Department of Health and Human Resources, Bureau of Child Support Enforcement.(d) The order establishing a child support obligation must use the Guidelines for Child Support Awards that are set forth in article thirteen, chapter forty-eight of this code.(e) In addition to the reasons for deviation listed in section seven hundred two, article thirteen, chapter forty-eight of this code, deviation from the child support guidelines is appropriate when the court finds that:(1) It may assist the parent in successful completion of an improvement period;(2) It may be in the best interest of the minor child to issue a zero child support order; and/or(3) The parent temporarily or permanently has no gross income as defined in section two hundred twenty eight, article one, chapter forty-eight of this code.
WV Code § 49-4-802 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-802. General Provisions for Support Orders; Contempt

(a) Any pre-existing support order from any other court or administrative agency with authority to issue a support order shall remain in full force and effect until a superseding order is issued.(b) If a child is returned to the physical custody of a parent, that parent is not responsible for paying child support for the duration of time that parent has physical custody of the child without the necessity of entry of another court order terminating that parent's child support obligation.(c) If the action is dismissed for failure to prove the allegations of abuse or neglect, any support provision issued pursuant to this chapter are void ab initio. Any adjudication of paternity shall remain in full force and effect.(d) The support obligation shall automatically continue beyond the termination of the payor's parental rights, unless the support obligation is explicitly ended in an order.
WV Code § 49-4-803 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-803. Enforcement of Support Orders

(a) Support orders may be enforced through any manner provided in chapters thirty-eight and forty-eight of this code. (b) An action for contempt for nonpayment of support may be brought by the Department of Health and Human Resources, Bureau for Children and Families or Bureau for Child Support Enforcement; the child's physical custodian; the child's guardian ad litem; or the prosecuting attorney.
WV Code § 49-4-903 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-903. Interference With Disposition of Child Punishable as Contempt of Court

A person who interferes with the direction of disposition of a child in accordance with an order of the court or judge made in pursuance of this chapter, or with the department, or a probation or other officer of the court in carrying out the directions of the court or judge under an order, is subject to punishment as for contempt of court.
WV Code § 49-4-904 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 4. Court Actions|§49-4-904. Enticing Child From Custody; Penalties

A person who personally or by agent entices or forcibly removes a child from a custody in which the child was placed under this chapter is guilty of a misdemeanor and, upon conviction shall be fined not more than $100, or confined in jail not more than six months, or fined and confined.
WV Code § 49-5-102 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 5. Record Keeping and Database|§49-5-102. Preservation of Records

The proceedings, records, reports, case histories, and all other papers or documents of or received by the state department in the administration of this chapter shall be filed of record and preserved.
WV Code § 49-5-104 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 5. Record Keeping and Database|§49-5-104. Confidentiality of Juvenile Records for Children Who Become of Age While a Ward of the State or Who Have Been Transferred to Adult Criminal Jurisdiction; Separate and Secure Location; Penalties; Damages; Accessibility of Records for Child Victims of Sex Trafficking

(a) One year after the juveniles 18th birthday, or one year after personal or juvenile jurisdiction has terminated, whichever is later, the records of a juvenile proceeding conducted under this chapter, including, but not limited to, law-enforcement files and records, may be kept in a separate secure confidential place and the records may not be inspected except by order of the circuit court.(b) The records of a juvenile proceeding in which a juvenile was transferred to criminal jurisdiction pursuant to 49-4-710 of this code shall be kept in a separate secure confidential place and the records may not be inspected except by order of the circuit court if the juvenile is subsequently acquitted or found guilty only of an offense other than an offense upon which the waiver or order of transfer was based, or if the offense upon which the waiver or order of transfer was based is subsequently dismissed.(c) To keep the confidentiality of juvenile records, they shall be returned to the circuit court in which the case was pending and be kept in a separate confidential file. The records shall be physically marked to show that they are to remain confidential and shall be securely kept and filed in a manner so that no one can have access to determine the identity of the juvenile, except upon order of the circuit court.(d) Marking the juvenile records to show they are to remain confidential has the legal effect of extinguishing the offense as if it never occurred.(e) The records of a juvenile convicted under the criminal jurisdiction of the circuit court pursuant to 49-4-710(d)(1) of this code may not be marked and kept as confidential.(f) Any person who willfully violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000, or confined in jail for not more than six months, or both so fined and confined, and is liable for damages in the amount of $300 or actual damages, whichever is greater.(g) Notwithstanding any other provision of this code, the records of a juvenile victim of sex trafficking within the meaning of 61-14-1 et seq. of this code, may be immediately accessible to the juvenile victim upon written request to the circuit court in which a juvenile delinquency case was pending.
WV Code § 49-5-105 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 5. Record Keeping and Database|§49-5-105. Juvenile Justice Database; Individual Records Confidential

The West Virginia Supreme Court of Appeals is responsible for collecting, compiling and disseminating information in the juvenile justice database. Notwithstanding any other provision of this code to the contrary, the court shall grant the Division of Justice and Community Services access to confidential juvenile records for the limited purpose of the collection and analysis of statistical data. However, the division shall keep the records confidential and not publish any information that would identify any individual juvenile.
WV Code § 49-6-101 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 6. Missing Children Information Act|§49-6-101. Clearinghouse Function; State Police Requirements; Rule-Making

(a) The Missing Children Information Clearinghouse is established under the West Virginia State Police. The State Police:(1) Shall provide for the administration of the clearinghouse; and(2) May promulgate rules in accordance with article three, chapter twenty-nine-a of this code to carry out the provisions of this article.(b) The clearinghouse is a central repository of information on missing children and shall be used by all law-enforcement agencies in this state.(c) The clearinghouse shall:(1) Establish a system of intrastate communication of information relating to missing children;(2) Provide a centralized file for the exchange of information on missing children and unidentified bodies of children within the state;(3) Communicate with the National Crime Information Center for the exchange of information on missing children suspected of interstate travel;(4) Collect, process, maintain and disseminate accurate and complete information on missing children;(5) Provide a statewide toll-free telephone line for the reporting of missing children and for receiving information on missing children;(6) Disseminate to custodians, law-enforcement agencies, the state Department of Education, the Bureau for Children and Families and the general public information that explains how to prevent child abduction and what to do if a child becomes missing;(7) Compile statistics relating to the incidence of missing children within the state;(8) Provide training materials and technical assistance to law-enforcement agencies and social services agencies pertaining to missing children; and(9) Establish a media protocol for disseminating information pertaining to missing children.(d) The clearinghouse shall print and distribute posters, flyers and other forms of information containing descriptions of missing children.(e) The State Police may accept public or private grants, gifts and donations to assist in carrying out the provisions of this article.
WV Code § 49-6-102 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 6. Missing Children Information Act|§49-6-102. State Department of Education; Missing Children Program; Rule-Making

(a) The State Department of Education shall develop and administer a program for the location of missing children who may be enrolled in the West Virginia school system, including private schools, and for the reporting of children who may be missing or who may be unlawfully removed from schools.(b) The program shall include the use of information received from the clearinghouse and shall be coordinated with the operations of the clearinghouse.(c) The State Board of Education may promulgate rules in accordance with article three, chapter twenty-nine-a of this code for the operation of the program and shall require the participation of all school districts and state-accredited private schools in this state.