H. B. 4295
(By Delegates Hutchins, Hatfield, Guthrie, Brown,
C. Miller, Perdue, Caputo, Talbott and Staggers)
[Introduced January 28, 2008; referred to the
Committee on Government Organization then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §49-10-1, §49-10-2,
§49-10-3, §49-10-4, §49-10-5, §49-10-6 and §49-10-7, all
relating to a study of the child welfare system of West
Virginia; creating a commission of public and private
citizens; creating an advisory board; setting forth findings
and the purpose; setting forth the requirements of the study;
requiring the commission to submit periodic reports; requiring
the Department of Health and Human Resources to submit
periodic reports; providing for compensation of commission and
advisory board members; and including a continuation of the
commission upon completion of the analysis to provide
continuing support to the system as it develops.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §49-10-1, §49-10-2, §49-10-3, §49-10-4, §49-10-5, §49-10-6 and §49-10-7, all to read as
follows:
ARTICLE 10. COMPREHENSIVE CHILD WELFARE COMMISSION.
§49-10-1. Legislative findings.
The Legislature finds as follows:
(1) That the child welfare system is struggling in West
Virginia and across the country due to an increase in children at
risk of abuse and neglect paralleled with the system's struggle to
respond to the increased need;
(2) That the child welfare system needs to create and sustain
a flexible infrastructure, comprising public and private
partnerships, that provides a comprehensive system of support for
families and communities to ensure the safety, permanency and
well-being of every child and that the best interests of the child
are always the first priority;
(3) That if children do not receive the services that they
need to become healthy adults a significant impediment is placed
upon West Virginia businesses and many West Virginia government and
nonprofit agencies;
(4) That juvenile interventions and services are of critical
importance in reducing the number of troubled adolescents who
ultimately burden the prison system:
(5) That these untreated problems and lack of services are
directly linked to increases in fatalities, penal incarcerations, suicides, utilization of public assistance, homelessness, increased
school dropout rates, teenage pregnancy, excessive employee
absenteeism, underemployment, unemployment, higher workers'
compensation costs and many other health, criminal justice, social
and personal problems which cost our state millions of dollars each
year; and
(6) That the health and economic well-being of the state and
its citizens requires the development of the Comprehensive Child
Welfare System Commission to conduct a comprehensive study and
review of the child welfare system of West Virginia, including a
study of what has been done and what still needs to be done, and
the total public and private dollars actually being spent on
prevention, treatment, education and other services related to the
child welfare system in West Virginia.
§49-10-2. Purpose.
This article is enacted to provide a framework within which
the departments and divisions of state government, working
collaboratively with the applicable individuals and organizations
in the private sector that provide or are in need of child welfare
services, can study the current child welfare system offered
within West Virginia, the financing of those services, and proposed
changes to both. It is the purpose of the Legislature to encourage
the long-term, well-planned development of a comprehensive and
cost-effective system of care.
§49-10-3. Comprehensive Child Welfare System Commission.
(a) There is created within the Department of Health and Human
Resources the Comprehensive Child Welfare System Commission to
study the current child welfare system.
(b) The Commission shall consist of the Secretary of the
Department of Health and Human Resources, the Commissioner of the
Bureau for Children and Families, the Commissioner for the Bureau
for Behavioral Health and Health Facilities, the Commissioner for
the Bureau for Medical Services, the State Superintendent of
Schools, a representative of local educational agencies, the
Director of the Office of Institutional Educational Programs, the
Director of the Office of Special Education Programs and Assurance,
the Director of the Division of Juvenile Services, the Executive
Director of the Prosecuting Attorney's Institute and three
representatives of families who have received services in the child
welfare system. At the discretion of the West Virginia Supreme
Court of Appeals, circuit and family court judges and other court
personnel, including the administrator of the Supreme Court of
Appeals and the director of the Juvenile Probation Services
Division, may serve on the commission. These statutory members may
further designate additional persons in their respective offices
who may attend the meetings of the commission if they are the
administrative head of the office or division whose functions
necessitate their inclusion in this process. In its deliberations, the commission shall also consult and solicit input from other
families and service providers.
The commission shall meet at times and places as it finds
necessary and shall be staffed by the Bureau for Children and
Families.
(c) An advisory board shall be created to serve in a
consulting role to the commission members. The advisory board
members shall be appointed by the Governor as follows:
(1) One member from a list provided by the West Virginia
Chapter of the National Association of Social Workers;
(2) One member from a list provided by the Court Improvement
Board;
(3) One member who is a psychologist from a list provided by
the West Virginia Psychological Association;
(4) One member who represents children who were in foster
care;
(5) Two members from a list of five nominees provided by the
Bureau of Children and Families who are foster care providers;
(6) One member who represents emergency shelter care programs;
(7) One member from a list provided by the West Virginia Child
Care Association;
(8) One member representing residential care providers;
(9) One member who represents psychiatric residential
treatment facilities;
(10) One member who represents in-home service providers; and
(11) One member from a list provided by the Council of
Churches.
(d) Each member of the commission and advisory board is
entitled to receive compensation and expense reimbursement for
attending official meetings or engaging in official duties not to
exceed the amount paid to members of the Legislature for their
interim duties as recommended by the Citizens Legislative
Compensation Commission and authorized by law. A commission member
may not receive compensation for travel days that are not on the
same day as the official meeting or official duties.
§49-10-4. Study.
The commission shall study the current status of prevention,
treatment, education, related services and appropriate workforce
development for the child welfare system, including substance abuse
and domestic violence when those conditions have an effect upon the
system. The report shall include recommendations of system changes
needed to meet the needs of those served by the system and a
determination of the total public and private dollars spent for
each item listed in this section. The commission shall consider
the role of both the public and private sector in its
deliberations. The commission may coordinate its activities with
those of the Department of Health and Human Resources and its
consultants. The commission may appoint subcommittees and workgroups composed of consumers, providers and representative
groups as it deems necessary to perform its duties and
responsibilities pursuant to this article.
§49-10-5. Report.
The commission shall submit a preliminary report of its
progress in its study to the Governor and the Legislature by the
first day of January, two thousand nine, and a report including its
recommendations by the first day of January, two thousand ten. The
Department of Health and Human Resources shall submit a report to
the Governor and the Legislature by the first day of July, two
thousand eleven, regarding implementation of the recommendations of
the commission and yearly reports thereafter on the work of the
commission. The department shall report no less than quarterly to
the Legislative Oversight Commission on Health and Human Resources
Accountability.
§49-10-6. Certificate of need standards.
Pursuant to the provisions of article two-d of this chapter,
the West Virginia Health Care Authority shall provide the
commission with information needed to complete the study required
in this article. The staff of the authority shall work jointly
with the staff of the commission to provide needed information and
to consider the standards of the certificate of need process and
any revisions that would be required to improve the system. The
commission shall make recommendations in its final report relating to the certificate of need standards relating to the child welfare
system and its providers.
§49-10-7. Continuation of commission.
The commission shall continue after the submission of their
reports for the purpose of providing oversight in the
implementation of the commission's recommendations.
NOTE: The purpose of this bill is to establish a commission to
study the child welfare system and make recommendations to
strengthen it.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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