West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-17 - Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Investigations Unit › Section 81-17-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule, unless in a context that clearly
				  requires a different meaning the following terms are defined as such:
2.1. "Child Abuse and Neglect Registry" --
				the registry of offenders of child abuse or neglect upon conviction or when
				found not guilty by reason of mental illness, mental retardation or addiction.
				These offenses include, but are not limited to, §§
									61-8D-2,
				61-8D-2a,
				61-8D-3,
				61-8D-3a.
				61-8D-4
				or
				61-8D-4a.
				These also include, but are not limited to, offenses with similar provisions in
				another state, federal or military jurisdiction or municipal ordinances which
				possess the same elements of the qualifying offenses. Also included are those
				offenses in which a person upon conviction of a criminal offense(s) against a
				child in his or her household or in which the person convicted has custodial
				responsibility, the sentencing judge makes a written finding that there is a
				continued likelihood that the person convicted will continue to have regular
				contact with that child or other children and that as such it is in the best
				interest of the child or children for that person to be monitored. This
				registry is maintained by the West Virginia State Police and housed in the
				Criminal Records Section.
2.2.
				"Child Protection Act" -- herein known as the Act. Article
				15-11-1
				et. seg. of the West Virginia Criminal Code, that sets forth the creation of
				the Child Abuse and Neglect Investigations Unit within the West Virginia State
				Police particularizing in child abuse and neglect investigations, the
				requirement that state and local entities report information to the unit, and
				for the provision for the creation and maintenance of statistical indexes of
				child abuse and neglect allegations and convictions.
2.3. "Child Protective Services" -- herein
				know as CPS. A specialized component of the broader public system of services
				to children and families, known as West Virginia Department of Health and Human
				Resources (DHHR), Bureau for Children and Families (BCF) which is a system of
				Risk and Safety Based Decision-Making Model. This model is adapted from the
				Child at Risk Field system developed by ACTION for Child Protection, a
				non-profit child welfare agency. CPS intervention is to be for the purpose of
				protecting and controlling the safety of children who are at risk of
				maltreatment and to provide services to alter the conditions which created the
				risk of maltreatment.
2.4. "Child
				Abuse and Neglect Investigations Unit" -- also known as the Child Protection
				Unit within the West Virginia State Police specializing in child abuse and
				neglect investigations consisting of a minimum of six members charged with the
				assistance of CPS workers and State Police members across the state in such
				matters, the provision of training, technical expertise and coordination of
				services for other law enforcement agencies, Child Protective Services
				caseworkers, prosecuting attorneys, multi-disciplinary investigative teams and
				the maintenance of the statistical index of child abuse and neglect allegations
				and conviction.
2.5. "Child" -- any
				person under the age of eighteen who is not an emancipated minor.
2.6. "Critical incident" -- a situation that
				leaves a child at risk for receiving a serious physical injury or has resulted
				in a child fatality.
2.7. "Law
				enforcement" -- for the purposes of this rule, this definition applies to any
				police agency (state, county or municipal) located in the jurisdiction in which
				the incident in question occurred.
2.8. "Multi-Disciplinary Investigative Team"
				-- herein known as MDIT. A team defined in § 49-5D-2, headed and directed
				by the county prosecuting attorney including a CPS caseworker, a local law
				enforcement officer, and where appropriate, a child advocacy center
				representative and a representative from the licensed domestic violence program
				serving the county. The MDIT is responsible for coordinating or cooperating in
				the initial and ongoing investigation of all civil and criminal allegations
				pertinent to cases involving child sexual assault, child sexual abuse, child
				abuse and neglect, and shall make recommendation to the county prosecuting
				attorney as to the initiation of commencement of a civil petition and/or
				criminal prosecution. A MDIT is not the same as a multi-disciplinary team as
				defined in § 49-1-3(g) and commonly known as a "treatment team".
2.9. "Risk" -- the likelihood that a child
				will be maltreated without intervention.
2.10. "Sexual abuse allegations" --
				assertions of any inappropriate contact between the perpetrator and the
				victim's genitals, mouth, anus or breast, that include, but are not limited to
				the following acts; sexually suggestive verbal remarks and/or requests,
				intimate kissing or touching, fondling of genitals or breasts, intercourse,
				digital penetration, sodomy, oral sex, exhibitionism, exploitative or sexual
				coercion through prostitution or the production of pornographic materials
				whether for money or not.
2.11.
				"Serious physical injury" -- any injury(ies) which threaten the life or the
				developmental progress of a child. Examples of serious physical injury include,
				but are not limited to, spinal fractures, multiple broken bones, head trauma,
				severe bruising to the head and neck, and/or genital
				mutilation.