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WV Code § 49-6-103 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 6. Missing Children Information Act|§49-6-103. Information to Clearinghouse; Definitions

(a) The Department of Health and Human Resources and every law-enforcement agency in West Virginia shall provide to the clearinghouse or another investigating law-enforcement agency any information that would assist in locating or identifying a missing child.(b) For purposes of this article:(1) "Missing and endangered child" means any missing child for which there are substantial indications the child is at high risk of harm or in immediate danger, and rapid action is required, including, but not limited to:(A) Physically or mentally disabled and dependent upon an agency or another individual for care;(B) Under the age of 13;(C) Missing under circumstances which indicate the childs safety may be in danger; or(D) A foster child and has been determined a missing and endangered child by the Department of Health and Human Resources.(2) "Missing child" means any child under the age of 18 whose whereabouts are unknown to the childs legal custodian.
WV Code § 49-6-104 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 6. Missing Children Information Act|§49-6-104. Custodian Request for Information

(a) Upon written request made to a law-enforcement agency by the custodian of a missing child, the law-enforcement agency shall request from the clearinghouse information concerning the child that may aid the custodian in locating or identifying the child.(b) A law-enforcement agency to which a request has been made pursuant to subsection (a) of this section shall report to the custodian on the results of its inquiry within fourteen calendar days after the day the written request is received by the law-enforcement agency.
WV Code § 49-6-105 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 6. Missing Children Information Act|§49-6-105. Missing Child Report Forms; Where Filed

(a) The clearinghouse shall distribute missing child and missing and endangered child report forms to law-enforcement agencies in the state and to the Department of Health and Human Resources.(b) A missing child or missing and endangered child report may be made to a law-enforcement agency in person or by telephone, or other indirect method of communication, and the person taking the report may enter the information on the form for the reporter. A missing child or missing and endangered child report form may be completed by the reporter and delivered to a law-enforcement office.(c) A copy of the report form shall be maintained by the clearinghouse.
WV Code § 49-6-106 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 6. Missing Children Information Act|§49-6-106. Missing Child Reports; Law-Enforcement Agency Requirements; Unidentified Bodies

(a) A law-enforcement agency, upon receiving a missing child or missing and endangered child report, shall:(1) Start an investigation to determine the present location of the child if it determines that the child is in danger; and(2) Enter the name of the missing child or missing and endangered child into the clearinghouse and the National Crime Information Center missing person file if the child meets the centers criteria, with all available identifying features, including dental records, fingerprints, other physical characteristics, and a description of the clothing worn when the missing child or missing and endangered child was last seen.(b) Information not immediately available shall be obtained as soon as possible by the law-enforcement agency and entered into the clearinghouse and the National Crime Information Center file as a supplement to the original entry.(c) All West Virginia law-enforcement agencies shall enter information about all unidentified bodies of children found in their jurisdiction into the clearinghouse and the National Crime Information Center unidentified person file, including all available identifying features of the body and a description of the clothing found on the body. If an information entry into the National Crime Information Center file results in an automatic entry of the information into the clearinghouse, the law-enforcement agency is not required to make a direct entry of that information into the clearinghouse.(d) A law-enforcement agency, upon receiving a missing and endangered child report, shall immediately:(1) Start an investigation to determine the present location of the child if it determines that the child is missing and endangered; and(2) Issue a Missing and Endangered Child Advisory pursuant to 15-3D-9 of this code.
WV Code § 49-6-107 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 6. Missing Children Information Act|§49-6-107. Release of Dental Records; Cause Shown; Immunity

(a) At the time a missing child report is made, the law-enforcement agency to which the missing child report is given may, when feasible and appropriate, provide a dental record release form to the parent, custodian, health care surrogate or other legal entity authorized to release the dental records of the missing child. The law-enforcement agency shall endorse the dental record release form with a notation that a missing child report has been made in compliance with this article. When the dental record release form is properly completed by the parent, custodian, health care surrogate or other legal entity authorized to release the dental records of the missing child and contains the endorsement, the form is sufficient to permit a dentist or physician in this state to release dental records relating to the missing child to the law-enforcement agency.(b) A circuit court judge may for good cause shown authorize the release of dental records of a missing child to a law-enforcement agency.(c) A law-enforcement agency which receives dental records under subsection (a) or (b) of this section shall send the dental records to the clearinghouse.(d) A dentist or physician who releases dental records to a person presenting a proper release executed or ordered pursuant to this section is immune from civil liability or criminal prosecution for the release of the dental records.
WV Code § 49-6-108 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 6. Missing Children Information Act|§49-6-108. Cross-Checking and Matching

(a) The clearinghouse shall, in accordance with national crime information center policies and procedures, cross-check and attempt to match unidentified bodies with descriptions of missing children. When the clearinghouse discovers a possible match between an unidentified body and a missing child description, the clearinghouse shall notify the appropriate law-enforcement agencies.(b) A law-enforcement agency that receives notice of a possible match shall make arrangements for positive identification. If a positive identification is made, the law-enforcement agency shall complete and close the investigation with notification to the clearinghouse.
WV Code § 49-6-109 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 6. Missing Children Information Act|§49-6-109. Interagency Cooperation

(a) State agencies and public and private schools shall cooperate with a law-enforcement agency that is investigating any missing child or missing and endangered child report and shall furnish any information, including confidential information, that will assist the law-enforcement agency in completing the investigation.(b) Information provided by a state agency or a public or private school may not be released to any person outside the law-enforcement agency or the clearinghouse, except as provided by rules of the West Virginia State Police.
WV Code § 49-6-110 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 6. Missing Children Information Act|§49-6-110. Confidentiality of Records; Rulemaking; Requirements

(a) The State Police shall promulgate rules according 29A-3-1 et seq. of this code to provide for the classification of information and records as confidential that:(1) Are otherwise confidential under state or federal law or rules promulgated pursuant to state or federal law;(2) Are related to the investigation by a law-enforcement agency of a missing child, a missing and endangered child, or an unidentified body, if the State Police, in consultation with the law-enforcement agency, determines that release of the information would be deleterious to the investigation;(3) Are records or notations that the clearinghouse maintains for internal use in matters relating to missing children or missing and endangered children and unidentified bodies and the State Police determines that release of the internal documents might interfere with an investigation by a law-enforcement agency in West Virginia or any other jurisdiction; or(4) Are records or information that the State Police determines might interfere with an investigation or otherwise harm a child or custodian.(b) The rules may provide for the sharing of confidential information with the custodian of the missing child or missing and endangered child: Provided, That confidential information, which is not believed to jeopardize an investigation, must be shared with the custodian when the legal custodian is the Department of Health and Human Resources.
WV Code § 49-6-111 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 6. Missing Children Information Act|§49-6-111. Attorney General to Require Compliance

The Attorney General shall require each law-enforcement agency to comply with the provisions of the Missing Children Information Act and may seek writs of mandamus or other appropriate remedies to enforce this article.
WV Code § 49-6-112 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 6. Missing Children Information Act|§49-6-112. Agencies to Receive Report; Law-Enforcement Agency Requirements

(a) Upon completion of the missing child or missing and endangered child report the law-enforcement agency shall immediately forward the contents of the report to the missing children information clearinghouse and the National Crime Information Centers missing person file. However, if an information entry into the National Crime Information Center file results in an automatic entry of the information into the clearinghouse, the law-enforcement agency is not required to make a direct entry of that information into the clearinghouse.(b) Within 15 days of completion of the report, if the child is less than 13 years of age the law-enforcement agency may, when appropriate, forward the contents of the report to the last:(1) Child care center or child care home in which the child was enrolled; or(2) School the child attended in West Virginia, if any.(c) A law-enforcement agency involved in the investigation of a missing child or missing and endangered child shall:(1) Update the initial report filed by the agency that received notification of the missing child or missing and endangered child upon the discovery of new information concerning the investigation;(2) Forward the updated report to the appropriate agencies and organizations;(3) Search the National Crime Information Centers wanted person file for reports of arrest warrants issued for persons who allegedly abducted or unlawfully retained children and compare these reports to the missing childs National Crime Information Centers missing person file; and(4) Notify all law-enforcement agencies involved in the investigation, the missing children information clearinghouse, and the National Crime Information Center when the missing child is located.
WV Code § 49-6-115 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 6. Missing Children Information Act|§49-6-115. Public-Private Partnerships; Funding

(a) In furtherance of its mission, the clearinghouse council is authorized to enter into contracts or joint venture agreements with federal and state agencies; with nonprofit corporations organized pursuant to the corporate laws of this state or other jurisdictions that are qualified under Section 501(c)(3) of the Internal Revenue Code; and with other organizations that conduct research, make grants, improve educational programs and work for the prevention of missing or exploited children and to locate missing children. All contracts and joint venture agreements must be approved by a majority vote of the council. The council may also enter into contractual agreements for consideration or recompense to it even though the entities are funded from sources other than the state. Members of the council are not prohibited from sitting on the boards of directors of any contracting private nonprofit corporation, foundation or firm. However, members of the council are not exempt from chapter six-b of this code.(b) The council shall solicit and is authorized to receive and accept gifts or grants from private foundations, corporations, individuals, devises and bequests or from other lawful sources. The funds shall be paid into a special account in the State Treasury for the use and benefit of the council.
WV Code § 49-6-116 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 6. Missing Children Information Act|§49-6-116. Establish a Missing Foster Child Locator Unit Program

(a) The Secretary of the West Virginia Department of Health and Human Resources shall establish a Missing Foster Child Locator Unit within the department with a minimum staffing of a northern-based caseworker, a southern-based caseworker, and an identified worker located in the Centralized Intake Unit.(b) The duties of the Missing Foster Child Locator Unit shall include, but are not limited to, the following:(1) Receiving reports of missing foster children;(2) Assisting law enforcement in locating missing foster children who have been reported missing; and (3) Interviewing missing foster children and completing trafficking screening once the child is located.(c) For this section, "missing foster child" means missing child or missing and endangered child, as defined in 49-6-103 of this code, who is a foster child at the time he or she was reported missing.(d) Beginning in July 1, 2021, and each year thereafter, the Secretary of the Department of Health and Human Resources shall provide a status report to the Legislative Oversight Committee on Health and Human Resources Accountability.(e) The secretary shall implement and administer this program at least until December 31, 2022. The secretary may administer this program after such date.
WV Code § 49-7-102 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 7. Interstate Cooperation|§49-7-102. Definitions; Implementation

(a) Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of Article V thereof in the first instance. However, in the event of partial or complete default of performance thereunder, section one hundred one, article two of this chapter may be invoked.(b) The “appropriate public authorities” as used in Article III of the Interstate Compact on the Placement of Children shall, with reference to this state, mean the Department of Health and Human Resources and the agency shall receive and act with reference to notices required by Article III.(c) As used in paragraph (a) of Article V of the Interstate Compact on the Placement of Children, the phrase “appropriate authority in the receiving state” with reference to this state shall mean the Department of Health and Human Resources.(d) The officers and agencies of this state and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of Article V of the Interstate Compact on the Placement of Children. An agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision or agency thereof is not binding unless it has the approval in writing of the Auditor in the case of the state and of the chief local fiscal officer in the case of a subdivision of the state.(e) Any requirements for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply under sections one hundred eight and one hundred eleven, article two of this chapter shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this state or a subdivision thereof as contemplated by paragraph (b) of Article V of the Interstate Compact on the Placement of Children.(f) Section one hundred nine, article two of this chapter does not apply to placements made pursuant to the Interstate Compact on the Placement of Children.(g) Any court having jurisdiction to place delinquent children may place a child in an institution of or in another state pursuant to Article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article V thereof.(h) As used in Article VII of the interstate compact on the placement of children, the term “executive head” means the Governor. The Governor is hereby authorized to appoint a compact administrator in accordance with the terms of that Article VII.
WV Code § 49-7-201 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 7. Interstate Cooperation|§49-7-201. Interstate Adoption Assistance Compact; Findings and Purpose

§49-7-201. Interstate adoption assistance compact; findings and purpose.(a) The Legislature finds that:(1) Finding adoptive families for children, for whom state assistance is desirable pursuant to section one hundred twelve, article four, of this chapter and assuring the protection of the interests of the children affected during the entire assistance period, require special measures when the adoptive parents move to other states or are residents of another state; and(2) Provision of medical and other necessary services for children, with state assistance, encounters special difficulties when the provision of services takes place in other states.(b) The purposes of sections two hundred one through two hundred four of this article are to:(1) Authorize the Department of Health and Human Resources to enter into interstate agreements with agencies of other states for the protection of children on behalf of whom adoption assistance is being provided by the Department of Health and Human Resources; and(2) Provide procedures for interstate children's adoption assistance payments, including medical payments.
WV Code § 49-7-202 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 7. Interstate Cooperation|§49-7-202. Interstate Adoption Assistance Compacts Authorized; Definitions

(a) The Department of Health and Human Resources is authorized to develop, participate in the development of, negotiate and enter into one or more interstate compacts on behalf of this state with other states to implement one or more of the purposes set forth in sections two hundred one through two hundred four of this article. When so entered into, and for so long as it shall remain in force, the compact shall have the force and effect of law.(b) For the purposes of sections two hundred one through two hundred four of this article, the term “state” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a Territory or Possession of or administered by the United States.(c) For the purposes of sections two hundred one through two hundred four of this article, the term “adoption assistance state” means the state that is signatory to an adoption assistance agreement in a particular case.(d) For the purposes of sections two hundred one through two hundred four of this article, the term “residence state” means the state of which the child is a resident by virtue of the residence of the adoptive parents.
WV Code § 49-7-203 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 7. Interstate Cooperation|§49-7-203. Interstate Adoption Assistance Compact; Contents of Compact

A compact entered into pursuant to the authority conferred by sections two hundred one through two hundred four of this article shall have the following content:(1) A provision making it available to joinder by all states.(2) A provision or provisions for withdrawal from the compact upon written notice to the parties, but with a period of one year between the date of the notice and the effective date of the withdrawal.(3) A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode.(4) A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state department which undertakes to provide the adoption assistance, and further, that the agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents, and the state agency providing the adoption assistance.(5) Other provisions as may be appropriate to implement the proper administration of the compact.
WV Code § 49-7-302 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 7. Interstate Cooperation|§49-7-302. State Council for Interstate Juvenile Supervision; Members; Authority

(a) Upon the effective date of the interstate compact for juveniles, there shall be created a state council for interstate juvenile supervision. The state council shall be comprised of a total of nine members, to be selected and designated as follows:(1) Two members designated by the Legislature, one of whom shall be named and appointed by the Speaker of the House, and the other of whom shall be designated by the President of the Senate;(2) Two members designated by the judiciary, both of whom shall be named and appointed by the Chief Justice of the Supreme Court of Appeals of West Virginia;(3) The compact administrator or a designee of the compact administrator; and(4) Four members to be designated and appointed by the Governor, two of whom must be representatives of state agencies dealing with juvenile corrections, juvenile placement or juvenile services, and one of whom must be a representative of a victims' group.(b) Within ninety days of the effective date of this compact, the state council shall meet and designate a commissioner who shall represent the state as the compacting state's voting representative under Article III of this compact.(c) The state council will exercise oversight and advocacy concerning West Virginia's participation in interstate commission activities and rule makings, and engage in other duties and activities as determined by its members, including, but not limited to, the development of policy concerning the operations and procedures for implementing the compact and interstate commission rules within West Virginia.