H. B. 3102
(By Delegate Talbott)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §49-5D-2 of the Code of West Virginia,
1931, as amended, relating to the investigation and
prosecution of cases involving child abuse and neglect
generally; authorizing temporary protective custody for
children in order to safely conduct child advocacy center
interviews.
Be it enacted by the Legislature of West Virginia:
That §49-5D-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5D. MULTIDISCIPLINARY TEAMS.
§49-5D-2. Multidisciplinary investigative teams; establishment;
procedures; coordination between agencies.
(a) The prosecuting attorney shall establish a
multidisciplinary investigative team in each county. The
multidisciplinary team shall be headed and directed by the
prosecuting attorney
or his or her designee
and shall include as
permanent members the prosecuting attorney or his or her designee, a local child protective services caseworker from the department of
health and human resources, a local law-enforcement officer
employed by a law-enforcement agency in the county and, where
appropriate to the particular case under consideration and
available, a child advocacy center representative, and a
representative from the licensed domestic violence program serving
the county. The department of health and human resources and any
local law-enforcement agency or agencies selected by the
prosecuting attorney shall appoint their representatives to the
team by submitting a written designation of the team to the
prosecuting attorney of each county within thirty days of the
prosecutor's request that the appointment be made. Within fifteen
days of the appointment, the prosecuting attorney shall notify the
chief judge of each circuit within which the county is situated of
the names of the representatives so appointed. Any other person or
any other appointee of an agency who may contribute to the team's
efforts to assist a minor child as may be determined by the
permanent members of the team may also be appointed as a member of
the team by the prosecutor with notification to the chief judge.
(b) Any permanent member of the multidisciplinary
investigative team shall refer all cases of accidental death of any
child reported to their agency and all cases when a child dies
while in the custody of the state for investigation and review by
the team. The multidisciplinary investigative team shall meet at
regular intervals at least once every calendar month.
(c) The investigative team shall be responsible for coordinating or cooperating in the initial and ongoing
investigation of all civil and criminal allegations pertinent to
cases involving child sexual assault, child sexual abuse, child
abuse and neglect, and shall make a recommendation to the county
prosecuting attorney as to the initiation or commencement of a
civil petition and/or criminal prosecution.
(d) The Department of Health and Human Resources shall take
temporary protective custody of a child in order to safely conduct
a team interview with the child at a child advocacy center in any
case where:
(1) A multidisciplinary investigative team is coordinating or
cooperating in the initial or ongoing investigation of a civil or
criminal allegation pertinent to a case involving child sexual
assault, child sexual abuse, or child abuse and neglect; and
(2) A multidisciplinary investigative team reasonably suspects
a parent, guardian, or custodian of child abuse; and
(3) A parent, guardian, or custodian refuses to allow the
multidisciplinary investigative team to conduct an interview with
the child at a child advocacy center; and
(4) A petition regarding provisions (1),(2) and (3) of this
subsection has been filed with a circuit court.
(d)(e) State, county and local agencies shall provide the
multidisciplinary investigative team with any information requested
in writing by the team as allowable by law or upon receipt of a
certified copy of the circuit court's order directing said agencies
to release information in its possession relating to the child. The team shall assure that all information received and developed
in connection with the provisions of this article remains
confidential. For purposes of this section, the term "confidential"
shall be construed in accordance with the provisions of section
one, article seven of this chapter.
NOTE: The purpose of this bill is to aid in the investigation
and prosecution of cases involving child abuse and neglect. In any
case where a multidisciplinary investigative team suspects a
uncooperative parent, guardian, or custodian of child abuse, the
Department of Health and Human Resources would be authorized to
take temporary protective custody of the child in order to safely
conduct a team interview with the child at a child advocacy center.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.