West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-27 - Procedure To Content The Substantiation Of Child Abuse Or Neglect › Section 78-27-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Assessment"
				means the gathering of information by a child protective service worker to
				determine if a child has been abused or neglected, or both, by a parent,
				guardian, or custodian.
2.2. "Board
				of Review" means the board of review organized by the Department pursuant to W.
				Va. Code §
									9-2-6(13).
2.3. "Bureau" means the Bureau for Social
				Services of the West Virginia Department of Human Services.
2.4. "Child abuse and neglect" or "Child
				abuse or neglect" or "Child abuse and/or neglect" means any act or omission
				that creates an abused child or a neglected child as those terms are defined in
				W. Va. Code §
									49-1-201.
2.5. "Custodian" means a person who has or
				shares actual physical possession or care and custody of a child regardless of
				whether such person has been granted custody of the child by a contract,
				agreement, or legal proceeding.
2.6. "Department" means West Virginia
				Department of Human Services.
2.7.
				"Guardian" means an individual who has been court appointed to care for a child
				and make decisions on the child's behalf.
2.8. "Hearing request form" means a document
				created by the Board of Review that initiates the administrative hearing
				process.
2.9. "Institutional
				Investigative Unit" (IIU) means the unit within the Bureau that investigates
				child abuse and neglect allegations by foster parents or individuals employed
				by a child-care facility (78CSR1); residential facility (78CSR3); family
				child-care facility (78CSR18); family child-care home (78CSR19); out of school
				time child-care center (78CSR21); a youth detention facility operated by the
				Department of Homeland Security, Division of Corrections and Rehabilitations,
				Bureau of Juvenile Services; or school personnel.
2.10. "Investigation" means the gathering of
				information by a child protective service worker or IIU worker to determine if
				a child has been abused or neglected, or both, by a parent, guardian, or
				custodian.
2.11. "Maltreatment
				substantiation" means the determination by a child protective service worker or
				IIU worker that the parent, guardian, or custodian has abused or neglected a
				child as defined in W. Va. Code §
									49-1-201. Maltreatment is
				considered to have occurred when a preponderance of the credible evidence
				indicates that the conduct of the parent, guardian, or custodian is child abuse
				or neglect, or both.
2.12.
				"Maltreater" means a parent, guardian, or custodian who has been determined by
				the Department to have abused or neglected a child as defined in W. Va. Code
				§
									49-1-201.
2.13. "Notice" means a letter prepared by the
				Bureau to provide notification of a maltreatment substantiation.
2.14. "Supervisor" means an individual who
				oversees the work product of a child protective service worker or IIU
				worker.