West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-08 - Protocol for Law Enforcement Response to Child Abuse and Neglect › Section 149-8-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Abandoned"
				means to be without supervision or shelter for any unreasonable period of time
				in light of the child's age and the ability to care for him/herself in
				circumstances presenting an immediate threat of serious harm to such child
				(W.V. Code § 49-6-9(g)(1) ).
3.2. "Child" means any person under eighteen
				years of age not otherwise emancipated by law (W.V. Code §
									61-8D-1(2)
				).
3.3. "Child abuse" and/or "Child
				neglect" may be defined as either criminal behavior and/or behavior violating
				the civil code. Criminal violations can be found in Chapter 61 and civil
				violations found in Chapter 49.
3.4. "Child abuse and neglect services" or
				"CPS" means social services which are defined in W. Va.. Code §
									49-1-3.
3.5. "Child Advocacy Center" (CAC) means a
				community-based organization that is a member in good-standing with the West
				Virginia Child Abuse Network, Inc., and is working to implement the program
				components as defined in W.V. Code §
									49-1-3.
3.6. "County" means any one of the fifty-five
				major political subdivisions of the state.
3.7. "Custodian" means a person over the age
				of fourteen years who has or shares actual physical possession or care and
				custody of a child on a full-time or temporary basis, regardless of whether
				such person has been granted custody of the child by any contract, agreement or
				legal proceeding. "Custodian" shall also include, but not be limited to, the
				spouse of a parent, guardian or custodian, or a person cohabiting with a
				parent, guardian or custodian in the relationship of husband and wife, where
				such spouse or other person shares actual physical possession or care and
				custody of a child with the parent, guardian or custodian (W.V. Code §
									61-8D-1(4)
				).
3.8. "Deadly weapon" means an
				instrument that is designed to be used to produce serious bodily injury or
				death, or is readily adaptable to that use. The term "deadly weapon" shall
				include, but is not limited to, a blackjack, a gravity knife, a knife, a
				switchblade knife, a nunchuka, metallic or false knuckles, and firearms, or
				other deadly weapons of like kind or character which may be easily concealed on
				or about the person (W. Va. Code §
									61-7-2(9)).
3.9. "Department of Health and Human
				Resources" (DHHR) is the state agency charged with the administration of the
				child welfare service of the state of West Virginia in accordance with W. Va.
				Code §
									49-1-1(c).
3.10. "Dispatcher" means a
				telecommunicator who receives calls from individuals who need assistance from
				firefighters, law enforcement officers, and emergency medical services. Once
				information is obtained from the caller, telecommunicators activate the
				services necessary to respond to the nature of the call for help and maintain
				close contact with field units to monitor response and needed support
				requirements.
3.11. "Emergency
				service personnel" means any paid or volunteer firefighter, emergency medical
				technician, paramedic, or other emergency services personnel employed by or
				under contract with an emergency medical service provider or a state agency or
				political subdivision thereof (W. Va. Code §
									61-2-10b(3)).
3.12. "Family or household member" means
				current or former spouses, persons living as spouses, persons who formerly
				resided as spouses, parents, children and stepchildren, current or former
				sexual or intimate partners, other persons related by blood or marriage,
				persons who are presently or in the past have resided or cohabited together or
				a person with whom the victim has a child in common (W. Va. Code §
									48-27-204).
3.13. "Family violence" or "domestic
				violence" means the occurrence of one or more of the following acts between
				family or household members:
3.13.a.
				Attempting to cause or intentionally, knowingly, or recklessly causing physical
				harm to another person with or without dangerous or deadly weapons;
3.13.b. Placing another person in reasonable
				apprehension of physical harm;
3.13.c. Creating fear of physical harm by
				harassment, stalking, psychological abuse, or threatening acts;
3.13.d. Committing either sexual assault or
				sexual abuse as those terms are defined in W. Va. Code §§ 61-88-1 et.
				seq. and 61-80-1 et seq.; or
3.13.e. Holding, confining, detaining, or
				abducting another person against that person's will.