ENROLLED
H. B. 2150
(By Delegates Amores, Mahan, Pino and Schadler)
[Passed April
8, 2005
; in effect ninety days from passage.]
AN ACT to amend and reenact §49-6-1 of the Code of West Virginia,
1931, as amended, relating to expanding the possible venues
where a child neglect or abuse petition may be filed.
Be it enacted by the Legislature of West Virginia:
That §49-6-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. PROCEDURE IN CASES OF CHILD NEGLECT OR ABUSE.
§49-6-1. Petition to court when child believed neglected or
abused; notice.
(a) If the department or a reputable person believes that a
child is neglected or abused, the department or the person may
present a petition setting forth the facts to the circuit court in
the county in which the child resides, or if the petition is being
brought by the Department, in the county in which the
custodial
respondent or other named party abuser resides, or in which the
abuse or neglect occurred, or to the judge of the court in
vacation. Under no circumstance may a party file a petition in more than one county based on the same set of facts. The petition
shall be verified by the oath of some credible person having
knowledge of the facts. The petition shall allege specific
conduct including time and place, how such conduct comes within the
statutory definition of neglect or abuse with references thereto,
any supportive services provided by the department to remedy the
alleged circumstances and the relief sought. Upon filing of the
petition, the court shall set a time and place for a hearing and
shall appoint counsel for the child. When there is an order for
temporary custody pursuant to section three of this article, the
hearing shall be held within thirty days of the order, unless a
continuance for a reasonable time is granted to a date certain, for
good cause shown.
(b) The petition and notice of the hearing shall be served
upon both parents and any other custodian, giving to the parents or
custodian at least ten days' notice. Notice shall also be given to
the department, any foster or preadoptive parent, and any relative
providing care for the child. In cases wherein personal service
within West Virginia cannot be obtained after due diligence upon
any parent or other custodian, a copy of the petition and notice of
the hearing shall be mailed to the person by certified mail,
addressee only, return receipt requested, to the last known address
of such person. If the person signs the certificate, service shall
be complete and the certificate shall be filed as proof of the
service with the clerk of the circuit court. If service cannot be
obtained by personal service or by certified mail, notice shall be by publication as a Class II legal advertisement in compliance with
the provisions of article three, chapter fifty-nine of this code.
A notice of hearing shall specify the time and place of the
hearing, the right to counsel of the child and parents or other
custodians at every stage of the proceedings and the fact that the
proceedings can result in the permanent termination of the parental
rights. Failure to object to defects in the petition and notice
shall not be construed as a waiver.
(c) At the time of the institution of any proceeding under
this article, the department shall provide supportive services in
an effort to remedy circumstances detrimental to a child.