Committee Substitute
House Bill 2314 History
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COMMITTEE SUBSTITUTE
for
H. B. 2314
(By Delegates Poore, Guthrie, Wells, Lawrence,
Miley and Skaff)
(Originating in the Committee on the Judiciary)
[February 26, 2013]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §49-6-9a, relating to
authorizing
a family court judge to order the emergency
custody of a child in the physical custody of a party to an
action or proceeding before the family court;
requiring the
Department of Health and Human Resources to immediately
respond and assist the family court judge in emergency
placement of the child;
and providing additional procedures
when a child is ordered taken into emergency custody.
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 section, designated
§49-6-9a
, to read as
follows:
ARTICLE 6. PROCEDURE IN CASES OF CHILD NEGLECT OR ABUSE.
§49-6-9a. Authorizing a family court judge to order custody of a
child in emergency situations.
_____(a) Notwithstanding the jurisdictional limitations contained
in section two, article two-A, chapter fifty-one of this code, family court judges are authorized to order the department to take
emergency custody of a child who is in the physical custody of a
party to an action or proceeding before the family court, if the
family court judge finds that there is clear and convincing
evidence that:
_____(1) There exists an imminent danger to the physical well-being
of the child as defined in subsection (g), section three, article
one of this chapter;
_____(2) The child is not the subject of a pending action before
the circuit court alleging abuse and neglect of the child; and
_____(3) There are no reasonable available alternatives to the
emergency custody order.
_____(b) An order entered pursuant to subsection (a) must include
specific written findings.
_____(c) A copy of the order issued pursuant to subsection (a)
shall be transmitted forthwith to the department, the circuit court
and the prosecuting attorney._
_____(d) Upon receipt of an order issued pursuant to subsection
(a), the department shall immediately respond and assist the family
court judge in emergency placement of the child.
_____(e) (1) Upon receipt of an order issued pursuant to subsection
(a), the circuit court shall forthwith cause to be entered and
served, an administrative order in the name of and regarding the
affected child, directing the department to submit, within ninety-
six hours from the time the child was taken into custody, an
investigative report to both the circuit and family court.
_____(2) The investigative report shall include a statement of
whether the department intends to file a petition under section
three of this article.
_____(f) (1) An order issued pursuant to subsection (a) terminates
by operation of law upon expiration of ninety-six hours from the
time the child is initially taken into protective custody unless a
petition is filed with the circuit court under section three of
this article within ninety-six hours from the time the child is
initially taken into protective custody.
_____(2) The filing of a petition within ninety-six hours from the
time the child is initially taken into protective custody extends
the emergency custody order issued pursuant to subsection (a) until
a preliminary hearing is held before the circuit court, unless the
circuit court orders otherwise.
_____(g) (1) Any worker for the department assuming custody of a
child pursuant to the provisions of this section shall immediately
notify the parents, parent, grandparents, grandparent, guardian or
custodian of the child of the taking of the custody and the reasons
therefor if the whereabouts of the parents, parent, grandparents,
grandparent, guardian or custodian are known or can be discovered
with due diligence and, if not, a notice and explanation shall be
given to the child's closest relative if his or her whereabouts are
known or can be discovered with due diligence within a reasonable
time. An inquiry shall be made of relatives and neighbors and, if
an appropriate relative or neighbor is willing to assume custody of
the child, the child shall temporarily be placed in that person's custody.
_____(2) In the event no other reasonable alternative is available
for temporary placement of a child pursuant to subdivision (1), the
child may be housed by the department in an authorized child
shelter facility.