Introduced Version
Senate Bill 415 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 415
(By Senators Cookman, Stollings, Plymale and Palumbo)
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[Introduced March 1, 2013; referred to the Committee on Health
and Human Resources; and then to the Committee on Government
Organization .]
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A BILL to amend and reenact §49-5D-3 and §49-5D-3c of the Code of
West Virginia, 1931, as amended, all relating generally to
multidisciplinary team meetings for juveniles committed to the
custody of the West Virginia Division of Juvenile Services;
requiring such meetings be held quarterly; authorizing the
directors of detention centers to call such meetings in
certain circumstances; and requiring that team members be
notified that they may participate in team meetings
electronically.
Be it enacted by the Legislature of West Virginia:
That §49-5D-3 and §49-5D-3c of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 5D. MULTIDISCLIPINARY TEAMS.
§49-5D-3. Multidisciplinary treatment planning process.
(a) (1) A multidisciplinary treatment planning process for
cases initiated pursuant to articles five and six of this chapter
shall be established within each county of the state, either
separately or in conjunction with a contiguous county, by the
secretary of the department with advice and assistance from the
prosecutor's advisory council as set forth in section four, article
four, chapter seven of this code. The Division of Juvenile
Services shall establish a similar treatment planning process for
delinquency cases in which the juvenile has been committed to its
custody, including those cases in which the juvenile has been
committed for examination and diagnosis.
(2) The provisions of this section do not require a
multidisciplinary team meeting to be held prior to temporarily
placing a child or juvenile out-of-home under exigent circumstances
or upon a court order placing a juvenile in a facility operated by
the Division of Juvenile Services.
(b) The case manager in the Department of Health and Human
Resources for the child, family or juvenile or the case manager in
the Division of Juvenile Services for a juvenile shall convene a
treatment team in each case when it is required pursuant to this
article.
Prior to disposition, in each case in which a treatment
planning team has been convened, the team shall advise the court as
to the types of services the team has determined are needed and the type of placement, if any, which will best serve the needs of the
child. If the team determines that an out-of-home placement will
best serve the needs of the child, the team shall first consider
placement with appropriate relatives then with foster care homes,
facilities or programs located within the state. The team may only
recommend placement in an out-of-state facility if it concludes,
after considering the best interests and overall needs of the
child, that there are no available and suitable in-state facilities
which can satisfactorily meet the specific needs of the child.
Any person authorized by the provisions of this chapter to
convene a multidisciplinary team meeting may seek and receive an
order of the circuit court setting such meeting and directing
attendance. Members of the multidisciplinary team may participate
in team meetings by telephone or video conferencing: Provided,
That the provisions of this subsection do not prevent the
respective agencies from designating a person other than the case
manager as a facilitator for treatment team meetings: Provided
however, That written notice shall be provided to all team members
of the availability to participate by videoconferencing.
(c) The treatment team shall coordinate its activities and
membership with local family resource networks and coordinate with
other local and regional child and family service planning
committees to assure the efficient planning and delivery of child
and family services on a local and regional level. (d) The multidisciplinary treatment team shall be afforded
access to information in the possession of the Department of Health
and Human Services Resources, Division of Juvenile Services, law-
enforcement agencies and other state, county and local agencies;
and the agencies shall cooperate in the sharing of information, as
may be provided in sections three(d) and six, article five-d and
section one, article seven, all of chapter forty-nine, and any
other relevant provision of law. Any multidisciplinary team member
who acquires confidential information shall not disclose such
information except as permitted by the provisions of this code or
court rules.
§49-5D-3c. Multidisciplinary treatment process for status
offenders or delinquents.
(a) (1) When a juvenile is adjudicated as a status offender
pursuant to section eleven-d, article five of this chapter, the
Department of Health and Human Resources shall promptly convene a
multidisciplinary treatment team and conduct an assessment,
utilizing a standard uniform comprehensive assessment instrument or
protocol, to determine the juvenile's mental and physical
condition, maturity and education level, home and family
environment, rehabilitative needs and recommended service plan.
Upon completion of the assessment, the treatment team shall prepare
and implement a comprehensive, individualized service plan for the
juvenile.
(2) When a juvenile is adjudicated as a delinquent or has been
granted an improvement period pursuant to section nine, article
five of this chapter, the court, either upon its own motion or
motion of a party, may require the Department of Health and Human
Resources to convene a multidisciplinary treatment team and conduct
an assessment, utilizing a standard uniform comprehensive
assessment instrument or protocol, to determine the juvenile's
mental and physical condition, maturity and education level, home
and family environment, rehabilitative needs and recommended
service plan. A referral to the Department of Health and Human
Resources to convene a multidisciplinary treatment team and to
conduct such an assessment shall be made when the court is
considering placing the juvenile in the department's custody or
placing the juvenile out-of-home at the department's expense
pursuant to section thirteen, article five of this chapter. In any
delinquency proceeding in which the court requires the Department
of Health and Human Resources to convene a multidisciplinary
treatment team, the probation officer shall notify the department
at least fifteen working days before the court proceeding in order
to allow the department sufficient time to convene and develop an
individualized service plan for the juvenile.
(3) When a juvenile has been adjudicated and committed to the
custody of the Director of the Division of Juvenile Services,
including those cases in which the juvenile has been committed for examination and diagnosis, the Division of Juvenile Services shall
promptly convene a multidisciplinary treatment team and conduct an
assessment, utilizing a standard uniform comprehensive assessment
instrument or protocol, to determine the juvenile's mental and
physical condition, maturity and education level, home and family
environment, rehabilitative needs and recommended service plan.
Upon completion of the assessment, the treatment team shall prepare
and implement a comprehensive, individualized service plan for the
juvenile, which shall be provided in writing to the court and team
members. In cases where the juvenile is committed as a post-
sentence disposition to the custody of the Division of Juvenile
Services, the plan shall be reviewed quarterly by the
multidisciplinary treatment team. Where a juvenile has been
detained in a facility operated by the Division of Juvenile
Services without an active service plan for more than sixty days,
the director of the facility may call a multidisciplinary team
meeting to review the case and discuss the status of the service
plan.
(4) (A) The rules of juvenile procedure shall govern the
procedure for obtaining an assessment of a juvenile, preparing an
individualized service plan and submitting the plan and assessment
to the court.
(B) In juvenile proceedings conducted pursuant to article five
of this chapter, the treatment team shall consist of the juvenile, the juvenile's case manager in the Department of Health and Human
Resources or the Division of Juvenile Services, the juvenile's
parent or parents, guardian or guardians or custodial relatives,
the juvenile's attorney, any attorney representing a member of the
treatment team, the prosecuting attorney or his or her designee, an
appropriate school official and any other person or agency
representative who may assist in providing recommendations for the
particular needs of the juvenile and family, including domestic
violence service providers. In delinquency proceedings, the
probation officer shall be a member of a treatment team. When
appropriate, the juvenile case manager in the Department of Health
and Human Resources and the Division of Juvenile Services shall
cooperate in conducting multidisciplinary treatment team meetings
when it is in the juvenile's best interest.
(C) Prior to disposition, in each case in which a treatment
planning team has been convened, the team shall advise the court as
to the types of services the team has determined are needed and
type of placement, if any, which will best serve the needs of the
child. If the team determines that an out-of-home placement will
best serve the needs of the child, the team shall first consider
placement at facilities or programs located within the state. The
team may only recommend placement in an out-of-state facility if it
concludes, after considering the best interests and overall needs
of the child, that there are no available and suitable in-state facilities which can satisfactorily meet the specific needs of the
child.
(D) The multidisciplinary treatment team shall submit written
reports to the court as required by applicable law or by the court,
shall meet with the court at least every three months, as long as
the juvenile remains in the legal or physical custody of the state,
and shall be available for status conferences and hearings as
required by the court.
(E) In any case in which a juvenile has been placed out of his
or her home except for a temporary placement in a shelter or
detention center, the multidisciplinary treatment team shall
cooperate with the state agency in whose custody the juvenile is
placed to develop an after-care plan. The rules of juvenile
procedure and section twenty, article five, chapter forty-nine of
the code shall govern the development of an after-care plan for a
juvenile, the submission of the plan to the court and any objection
to the after-care plan.
(F) If a juvenile respondent admits the underlying allegations
of the case initiated pursuant to article five, chapter forty-nine
of this code in the multidisciplinary treatment planning process,
his or her statements shall not be used in any juvenile or criminal
proceedings against the juvenile, except for perjury or false
swearing.
NOTE: The purpose of this bill is to require multidisciplinary
teams be convened quarterly to discuss children in the custody of
the Division of Juvenile Services. This bill also provides that in
cases where a child has been detained for more than sixty days
without an active service plan, the director of the facility may
call a multidisciplinary team meeting to discuss the child.
Additionally, this bill requires that team members be notified that
he or she may participate electronically.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.