reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 7. Interstate Cooperation › §49-7-303. Appointment of Compact Administrator

(a) Upon and after the effective date of the interstate compact for juveniles, the Governor is hereby authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with like offices of the other party states, shall be responsible for the administration and management of this state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the interstate commission and the policies adopted by the state council under this compact. The compact administrator shall serve subject to the will and pleasure of the Governor, and must meet the minimum qualifications for the position of compact administrator, as established by the state council. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state hereunder.
(b) Until the state council has met and established minimum qualifications for the position of compact administrator the individual or administrator who has been designated to act as the juvenile compact administrator for the interstate compact for juveniles may perform the duties and responsibilities of compact administrator under this article.
(c) Until the state council has met and designated a commissioner to vote on behalf of the State of West Virginia at the interstate commission, the individual or administrator who has been designated to act as the juvenile compact administrator for the interstate compact for juveniles shall function as the acting commissioner for the State of West Virginia before the interstate commission formed under the new compact.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 7. Interstate Cooperation › §49-7-304. Notification of the Effective Date of the Interstate Compact for Juveniles

Within ten days of the date that the thirty-fifth state adopts legislation approving this compact, the appointed or designated juvenile compact administrator under section three hundred three, article seven of this chapter shall advise the Governor, the Chief Justice of the Supreme Court of Appeals of West Virginia, the Speaker of the House of Delegates and the President of the Senate of the effective date of this compact.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 8. Supporting and Strength › §49-8-1. Legislative Findings; Statement of Legislative Purpose

(a) The Legislature finds that in certain circumstances where a parent, guardian or legal custodian of a child is temporarily unable to care for the child due to a crisis or other circumstances, a less intrusive alternative to guardianship or the Department of Health and Human Resources taking custody of the child should be available. In such circumstances, a parent, guardian or legal custodian may benefit from the assistance of charitable organizations in their community that assist families by providing safe, temporary care for children and support for families during difficult times.
(b) It is the purpose of this article to ensure that a parent, guardian or legal guardian has the right to provide for the temporary care of their child with the assistance of a qualified nonprofit organization as set forth in this article.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 8. Supporting and Strength › §49-8-2. Definitions

For purposes of this article:
(1) "Child" means an individual under eighteen years of age;
(2) "Qualified nonprofit organization" means a charitable or religious institution that is exempt from federal income taxation under Section 501(a) of the Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code, which assists the parent or legal guardian of a child with the process of providing for the temporary care of a child through the execution of a power of attorney as described in this section.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 8. Supporting and Strength › §49-8-2a. Execution of Additional Article

The Governor is further authorized and directed to execute, with any other state or states legally joining in the same, an additional article to said compact in the form substantially as follows:
That this article shall provide additional remedies, and shall be binding only as among and between those party states which specifically execute the same.
For the purposes of this article, "child," as used herein, means any minor within the jurisdictional age limits of any court in the home state.
When any child is brought before a court of a state of which such child is not a resident, and such state is willing to permit such child's return to the home state of such child, such home state, upon being so advised by the state in which such proceeding is pending, shall immediately institute proceedings to determine the residence and jurisdictional facts as to such child in such home state, and upon finding that such child is in fact a resident of said state and subject to the jurisdiction of the court thereof, shall within five days authorize the return of such child to the home state, and to the parent or custodial agency legally authorized to accept such custody in such home state, and at the expense of such home state, to be paid from such funds as such home state may procure, designate, or provide, prompt action being of the essence.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 8. Supporting and Strength › §49-8-2b. Execution of Amendment

The Governor is further authorized and directed to execute, with any other state or states legally joining in the same, an amendment to said compact in the form substantially as follows:
(a) This amendment shall provide additional remedies, and shall be binding only as among and between those party states which specifically execute the same.
(b) All provisions and procedures of articles V and VI of the interstate compact on juveniles shall be construed to apply to any juvenile charged with being a delinquent by reason of a violation of any criminal law. Any juvenile, charged with being a delinquent by reason of violating any criminal law shall be returned to the requesting state upon a requisition to the state where the juvenile may be found. A petition in such case shall be filed in a court of competent jurisdiction in the requesting state where the violation of criminal law is alleged to have been committed. The petition may be filed regardless of whether the juvenile has left the state before or after the filing of the petition. The requisition described in article V of the compact shall be forwarded by the judge of the court in which the petition has been filed.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 8. Supporting and Strength › §49-8-5. Mandatory Disclosures by Child Investigative Personnel

During a child protective investigation that does not result in an out-of-home placement, a child protective investigator shall provide information to the parent, guardian or legal custodian about community service programs that provide respite care, voluntary guardianship or other support services for families in crisis.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 8. Supporting and Strength › §49-8-6. Applicability of Licensing and Other Requirements of Childcare Facilities

(a) A delegation under this article by a parent, guardian or legal custodian is not subject to the requirements of the child care facility licensing statutes or foster care licensing statutes, and does not constitute an out of home child placement under this code.
(b) A qualified nonprofit organization as defined herein shall not be considered a child care center, child placing agency, or child welfare agency as defined in section two hundred six of article one, chapter forty-nine of this Code, unless such organization also pursues these activities in addition to providing services outlined under this section.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 8. Supporting and Strength › §49-8-7. Additional Procedures Not Precluded

In addition to any procedure provided in articles IV and VI of the compact for the return of any runaway juvenile, the particular states, the juvenile or his parents, the courts, or other legal custodian involved may agree upon and adopt any other plan or procedure legally authorized under the laws of this state and the other respective party states for the return of any such runaway juvenile.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 9. Foster Care Ombudsman Program › §49-9-102. Investigation of Complaints

(a) Upon receipt of a complaint or by court order within the scope of the Foster Care Ombudsman Program, the Foster Care Ombudsman shall investigate, except as provided in 49-9-102(c) of this code, any act, practice, policy, or procedure of any state agency, child-placing agency, juvenile facility, or residential care facility which affects the health, safety, welfare, or rights of a foster child, a foster parent, a child who is subject to a reported allegation of abuse and neglect, a child who has died or sustained a critical incident, a child in the juvenile justice system, or a kinship parent.
(b) Investigative activities of the Foster Care Ombudsman include, but are not limited to: information gathering, mediation, negotiation, informing parties of the status of the investigation, notification to any aggrieved party of alternative processes, reporting of suspected violations to a licensing or certifying agency, and the reporting of suspected criminal violations to the appropriate authorities.
(c) The Foster Care Ombudsman need not investigate any complaint upon determining that:
(1) The complaint is trivial, frivolous, vexatious, or not made in good faith;
(2) The complaint has been too long delayed to justify present investigation;
(3) The resources available, considering the established priorities, are insufficient for an adequate investigation;
(4) The matter complained of is not within the investigatory authority of the Foster Care Ombudsman; or
(5) A real or apparent conflict of interest exists and no other person within the office is available to investigate the complaint in an impartial manner.
(d) The Office of the Inspector General and other appropriate state governmental agencies may establish and implement cooperative agreements for receiving, processing, responding to, and resolving complaints involving state governmental agencies under the provisions of this section.
(e) The Foster Care Ombudsman shall submit an annual written report to the Governor containing:
(1) The number of complaints;
(2) The types of complaints;
(3) The location of the complaints;
(4) How the complaints are resolved; and
(5) Any other information the Foster Care Ombudsman feels is appropriate.
(f) The Foster Care Ombudsman shall summarize the reports and present that information to the Legislative Oversight Commission on Health and Human Resources Accountability. Nothing shall preclude the Foster Care Ombudsman office from submitting data, findings, or reports beyond this annual report.
(g) Another office, department, agency, or official may not prohibit the release of an ombudsmans recommendations to the Governor and the Legislature.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 9. Foster Care Ombudsman Program › §49-9-103. Access to Foster Care Children

(a) The Foster Care Ombudsman shall, with proper identification, have access to a foster family home, a state agency, a child-placing agency, or a residential care facility for the purposes of investigations of a complaint. The Foster Care Ombudsman may enter a foster family home, a state agency, a child-placing agency, or a residential care facility at a time appropriate to the complaint. The visit may be announced in advance or be made unannounced as appropriate to the complaint under investigation. Upon entry, the Foster Care Ombudsman shall promptly and personally advise the person in charge of his or her presence. If entry is refused by the person in charge, the Foster Care Ombudsman may apply to the magistrate court of the county in which a foster family home, a state agency, a child-placing agency, or a residential care facility is located for a warrant authorizing entry, and the court shall issue an appropriate warrant if it finds good cause therefor.
(b) For activities other than those specifically related to the investigation of a complaint, the Foster Care Ombudsman, upon proper identification, shall have access to a foster family home, a state agency, a child-placing agency, or a residential care facility between the hours of 8:00 a.m. and 8:00 p.m. in order to:
(1) Provide information on the Foster Care Ombudsman Program to a foster child, foster parents, or kinship parents;
(2) Inform a foster child, a foster parent, or a kinship parent of his or her rights and entitlements, and his or her corresponding obligations, under applicable federal and state laws; and
(3) Direct the foster child, the foster parents, or the kinship parents to appropriate legal resources;
(c) Access to a foster family home, a state agency, a child-placing agency, or a residential care facility under this section shall be deemed to include the right to private communication with the foster child, the foster parents, or the kinship parents.
(d) A Foster Care Ombudsman who has access to a foster family home, a state agency, a child-placing agency, or a residential care facility under this section shall not enter the living area of a foster child, foster parent, or kinship parent without identifying himself or herself to the foster child, foster parent, or kinship parent. After identifying himself or herself, an ombudsman shall be permitted to enter the living area of a foster child, foster parent, or kinship parent unless that foster child, foster parent, or kinship parent communicates on that particular occasion the foster child, foster parents, or kinship parents desire to prevent the ombudsman from entering. A foster child, foster parent, or kinship parent has the right to terminate, at any time, any visit by the Foster Care Ombudsman.
(e) Access to a foster family home, a state agency, a child-placing agency, or a residential care facility pursuant to this section includes the right to tour the facility unescorted.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 9. Foster Care Ombudsman Program › §49-9-104. Access to Records

(a) The Foster Care Ombudsman is allowed access to any foster childs, foster parents or kinship parents records, including medical records reasonably necessary to any investigation, without fee.
(b) The Foster Care Ombudsman is allowed access to all records of any foster family home, state agency, child-placing agency, or residential care facility that is reasonably necessary for the investigation of a complaint, including, but not limited to, incident reports; dietary records; policies and procedures that a foster family home, a state agency, a child-placing agency, or a residential care facility are required to maintain under federal or state law; admission agreements; staffing schedules; or any document depicting the actual staffing pattern.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 9. Foster Care Ombudsman Program › §49-9-105. Subpoena Powers

(a) The Foster Care Ombudsman may, in the course of any investigation:
(1) Apply to the circuit court of the appropriate county or the Circuit Court of Kanawha County for the issuance of a subpoena to compel at a specific time and place, by subpoena, the appearance, before a person authorized to administer oaths, the sworn testimony of any person whom the Foster Care Ombudsman reasonably believes may be able to give information relating to a matter under investigation; or
(2) Apply to the circuit court of the appropriate county or the Circuit Court of Kanawha County for the issuance of a subpoena duces tecum to compel any person to produce at a specific time and place, before a person authorized to administer oaths, any documents, books, records, papers, objects, or other evidence which the Foster Care Ombudsman reasonably believes may relate to a matter under investigation.
(b) A subpoena or subpoena duces tecum applied for by the Foster Care Ombudsman may not be issued until a circuit court judge in term or vacation thereof has personally reviewed the application and accompanying affidavits and approved, by a signed order entered by the judge, the issuance of the subpoena or subpoena duces tecum. Subpoenas or subpoenas duces tecum applied for pursuant to this section may be issued on an ex parte basis following review and approval of the application by the judge in term or vacation thereof.
(c) The Attorney General shall, upon request, provide legal counsel and services to the Foster Care Ombudsman in all administrative proceedings and in all proceedings in any circuit court and the West Virginia Supreme Court of Appeals.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 9. Foster Care Ombudsman Program › §49-9-106. Cooperation Among Government Departments or Agencies

(a) The Foster Care Ombudsman shall have access to the records of any state government agency reasonably necessary to any investigation. The Foster Care Ombudsman shall be notified of and be allowed to observe any survey conducted by a government agency affecting the health, safety, welfare, or rights of the foster child, the foster parents, or the kinship parents.
(b) The Foster Care Ombudsman shall develop procedures to refer any complaint to any appropriate state government department, agency, or office.
(c) When abuse, neglect, or exploitation of a foster child is suspected, the Foster Care Ombudsman shall make a referral to the Bureau for Children and Families, Office of Health Facility Licensure and Certification, or both.
(d) Any state government department, agency, or office that responds to a complaint referred to it by the Foster Care Ombudsman Program shall make available to the Foster Care Ombudsman copies of inspection reports and plans of correction, and notices of any citations and sanctions levied against the foster family home, the child-placing agency, or the residential care facility identified in the complaint.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 9. Foster Care Ombudsman Program › §49-9-107. Confidentiality of Investigations

(a) Information relating to any investigation of a complaint that contains the identity of the complainant, a child who is subject to a reported allegation of abuse and neglect, a child who has died or sustained a critical incident, a child in the juvenile justice system, a foster child, foster parent, or kinship parent shall remain confidential except:
(1) Where imminent risk of serious harm is communicated directly to the Foster Care Ombudsman or his or her staff;
(2) Where disclosure is necessary to the bureau in order for such office to determine the appropriateness of initiating an investigation regarding potential abuse, neglect, or emergency circumstances; or
(3) Where disclosure is necessary to the Office of Health Facility Licensure and Certification in order for such office to determine the appropriateness of initiating an investigation to determine facility compliance with applicable rules of licensure, certification, or both.
(b) The Foster Care Ombudsman shall maintain confidentiality with respect to all matters including the identities of complainants, witnesses, or others from whom information is acquired, except insofar as disclosures may be necessary to enable the Foster Care Ombudsman to carry out duties of the office or to support recommendations.
(c) Notwithstanding any other section within this article, all information, records, and reports received by or developed by the Foster Care Ombudsman Program which relate to a foster child, foster parent, or kinship parent, including written material identifying a foster child, foster parent, or a child who is subject to a reported allegation of abuse and neglect, a child who has died or sustained a critical incident, a child in the juvenile justice system, or kinship parent, are confidential pursuant to 49-5-101
et seq
. of this code and are not subject to the provisions of 29B-1-1
et seq
. of this code, and may not be disclosed or released by the Foster Care Ombudsman Program, except under the circumstances enumerated in this section.
(d) Nothing in this section prohibits the preparation and submission by the Foster Care Ombudsman of statistical data and reports, as required to implement the provisions of this article or any applicable federal law, exclusive of any material that identifies any foster child, foster parent, kinship parent, or complainant.
(e) The Inspector General shall have access to the records and files of the Foster Care Ombudsman Program to verify its effectiveness and quality where the identity of any complainant, a child who is subject to a reported allegation of abuse and neglect, a child who has died or sustained a critical incident, a child in the juvenile justice system, or foster child, foster parent, or kinship parent is not disclosed.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 9. Foster Care Ombudsman Program › §49-9-108. Limitations on Liability

(a) The Foster Care Ombudsman participating in an investigation carried out pursuant to this article who is performing his or her duties is immune from civil liability that otherwise might result by reason of his or her participation in the investigation, as long as such participation is not violative of any applicable law, rule, or regulation, and done within the scope of his or her employment and in good faith.
(b) If an act or omission by the Foster Care Ombudsman or an act in good faith pursuant to a specific foster child, foster parent, or kinship parent complaint causes a foster childs, foster parents, or kinship parents rights to be violated, no foster family home, state agency, child-placing agency, or residential care facility, its owners, administrators, officers, director, agents, consultants, employees, or any member of management may be held civilly liable as a result of the act or omission.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 9. Foster Care Ombudsman Program › §49-9-109. Willful Interference; Retaliation; Penalties

(a) An individual who willfully interferes with or impedes the Foster Care Ombudsman in the performance of his or her official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.
(b) An individual who institutes or commits a discriminatory, disciplinary, retaliatory, or reprisal action against a foster child, foster parent, or kinship parent for having filed a complaint with or provided information in good faith to the Foster Care Ombudsman in carrying out the duties pursuant to this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.
(c) An individual violating the provisions of subsection (a) or (b) of this section is, for the second or any subsequent offense under either of these subsections, guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $250. Each day of a continuing violation after conviction shall be considered a separate offense.
(d) Nothing in this section infringes upon the rights of an employer to supervise, discipline, or terminate an employee for other reasons.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 10. Exemption From West Virginia Division of Personnel › §49-10-101. Legislative Findings

The Legislature finds the State of West Virginia is experiencing a child welfare crisis. From 2016 to 2020, the child protective service vacancy rate has increased from 9.7 percent to 33 percent. This significant lack of staffing has caused a delay in response times to begin investigations. During the same time period, the average hours to start a child protective service investigation after referral went from 119.1 hours in 2016 to now averaging 428.1 hours in 2020. This significant failure to begin the investigation can and has cost lives. The Legislature finds that the Bureau for Social Services is having extreme difficulty recruiting and retaining child protective service workers, youth service workers, adult protective service workers, and other related workers, including necessary casework support personnel and managers at the county level, who assist in the provision of services to vulnerable populations.