ENROLLED
Senate Bill No. 1001
(By Senators Jones, Plymale, Burdette, Mr. President,
Craigo, Wagner, Chernenko, Minard, Anderson, Dalton, Lucht,
Whitlow, Wooton, Humphreys, Boley, Manchin, Grubb, Schoonover,
Dittmar, Bailey, Ross, Withers, Helmick, Blatnik, Walker,
Wehrle, Tomblin, Miller, Holliday, Yoder and Sharpe)
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[Passed March 15, 1994; in effect ninety days from passage.]
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AN ACT to amend article four, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended
by adding thereto two new sections, designated sections four
and five; and to amend chapter forty-nine of said code by
adding thereto a new article, designated article five-d, all
relating to prosecuting advisory council; responsibilities
of council; election of chairman; victim advocates;
requiring cooperation from other state and local government
units; participation in multidisciplinary planning process,
multidisciplinary treatment teams; purposes of teams;
additional cases and teams; establishment of investigative
teams; procedures; coordination between agencies;
multidisciplinary treatment planning process; and report of
teams.
Be it enacted by the Legislature of West Virginia:
That article four, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto two new sections, designated sections
four and five; and that chapter forty-nine of said code be
amended by adding thereto a new article, designated article five-
d, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 4. PROSECUTING ATTORNEY, REWARDS AND LEGAL ADVICE.
§7-4-4. Prosecutor's advisory council; victim advocates;
participation in multidisciplinary planning process.
There is hereby created the prosecutor's advisory council
composed of elected prosecuting attorneys of each county of the
state or a designated member of their staff. The prosecutor's
advisory council shall conduct an initial meeting of all members
not later than the first day of September, one thousand nine
hundred ninety-four, and shall meet not less than one time each
year. At the initial meeting and annually thereafter, the
council shall elect from among its membership a chairman of the
council who shall set the agenda for the council's meetings and
shall appoint necessary committees and direct the work of the
council in carrying out its duties under the provisions of this
section.
The council shall provide advice, assistance, training and
leadership to the offices of the various county prosecutingattorneys of this state in criminal and civil cases which involve
child abuse or neglect or sexual assault or sexual abuse of
children. The council shall also provide advice and assistance
to the secretary of the department of health and human resources
in the implementation of a multidisciplinary planning process as
set forth in article five-d, chapter forty-nine of this code.
The council may seek funds and programs to provide each
prosecuting attorney's office with a staff person to assist
children who are crime victims to obtain services and assistance
from other agencies and programs in the community. Prosecuting
attorneys shall be reimbursed by their respective county
commissions for necessary expenses actually incurred when
attending meetings of the council.
The council may apply for and receive funds from any grant
program of any agency or institution in the United States, public
or private, to be used for carrying out the purposes of this
section.
§7-4-5. Multidisciplinary investigative teams.
On or before the first day of January, one thousand nine
hundred ninety-five, the prosecuting attorney of each county in
the state shall establish a multidisciplinary investigative team,
in accordance with the provisions of section three, article
five-d, chapter forty-nine of this code.
CHAPTER 49. CHILD WELFARE.
ARTICLE 5D. MULTIDISCIPLINARY TEAMS.
§49-5D-1. Purpose; additional cases and teams.
(a) The purpose of this article is to provide a system for
evaluation of and coordinated service delivery for children who
may be victims of abuse, neglect, sexual assault or sexual abuse,
multineed children and children undergoing delinquency
proceedings. It is the further purpose of this article to
establish, as a complement to other programs of the department of
health and human resources, a multidisciplinary screening,
advisory and planning system to assist courts in facilitating
permanency planning, to recommend alternatives and to coordinate
evaluations and in-community services. It is the further purpose
of this article to ensure that children are safe from abuse and
neglect and to coordinate investigation of alleged child abuse
offenses and competent criminal prosecution of offenders to
ensure that safety, as determined appropriate by the prosecuting
attorney.
(b) Nothing in this article precludes any multidisciplinary
team from considering any case upon the consent of the members of
the team.
§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 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 andhuman resources and a local law-enforcement officer employed by
a law-enforcement agency in 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, childabuse 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) 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.
§49-5D-3. Multidisciplinary treatment planning process.
(a) On or before the first day of January, one thousand nine
hundred ninety-five, a multidisciplinary treatment planning
process shall be established within each county of the state,
either separately or in conjunction with a contiguous county by
the secretary of the department of health and human resources,
with advice and assistance from the prosecutor's advisory council
as set forth in section four, article four, chapter seven of this
code.
Treatment teams shall assess, plan and implement a
comprehensive, individualized service plan for children who are
victims of abuse, neglect, sexual assault or sexual abuse,
multineed children and their families and for children and theirfamilies involved in delinquency proceedings.
(b) Each treatment team shall be convened and directed by
the child's or family's case manager. The treatment team shall
consist of the child's custodial parent(s) or guardian(s), other
immediate family members, the attorney(s) representing the
parent(s) of the child if assigned by a judge of the circuit
court, the child, if the child is over the age of twelve, and if
the child's participation is otherwise appropriate, the child, if
under the age of twelve when the team determines that the child's
participation is appropriate, the guardian ad litem, the
prosecuting attorney or his or her designee, and any other
agency, person or professional who may contribute to the team's
efforts to assist the child and family.
(c) The treatment team shall coordinate their 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) State, county and local agencies shall provide the
multidisciplinary treatment teams 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
remain 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.
§49-5D-4. Report of teams.
All persons directing any team created pursuant to this
article shall maintain records of each meeting indicating the
name and position of persons attending each meeting and the
number of cases discussed at the meeting, including a designation
of whether or not that case was previously discussed by any
multidisciplinary team. Further, all investigative teams shall
maintain a log of all cases to indicate the number of referrals
to that team, whether or not a police report was filed with the
prosecuting attorney's office, whether or not a petition was
sought pursuant to section one, article six of this chapter, or
whether or not a criminal complaint was issued and a case was
criminally prosecuted. All treatment teams shall maintain a log
of all cases to indicate the basis for failure to review a case
for a period in excess of six months.