H. B. 4480
(By Delegates Cowles, C. Miller, Eldridge,
Stowers, Mahan, Hatfield, Hall and Sobonya)
[Introduced February 12, 2010
; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
amending and reenacting §49-7-26
thereof, relating to duties
of prosecuting attorneys.
Be it enacted by the Legislature of West Virginia:
That §49-7-26
of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. GENERAL PROVISIONS.
§49-7-26. Duty of prosecuting attorney.
The prosecuting attorney shall render to the State Department
of
welfare Health and Human Resources, without additional
compensation, such legal services as the department may require.
This section shall not be construed to prohibit the department from
developing plans for cooperation with courts, prosecuting
attorneys, and other law-enforcement officials in such a manner as
to permit the state and its citizens to obtain maximum fiscal
benefits under federal laws, rules and regulations:
Provided, That
the prosecuting attorney shall maintain all individual authority and responsibility enjoyed by every other attorney-client
relationship: Provided, however, That prosecuting attorneys have
the right and responsibility to represent the public interest in
protecting abused and neglected children when their position
conflicts with that of the department.
NOTE: The purpose of this bill is to add language to West
Virginia Code to provide guidance for prosecuting attorneys in
cases involving abused and neglected children.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.