Senate Bill No. 311
(By Senators Jones, Burdette, Mr. President, Plymale, Craigo,
Wagner, Chernenko, Minard, Anderson, Dalton, Lucht,
Whitlow, Wooton, Humphreys, Boley, Manchin, Grubb, Schoonover,
Dittmar, Bailey, Ross, Withers, Helmick, Blatnik, Walker,
Wherle, Tomblin, Miller, Holliday, Yoder, Sharpe, Claypole,
and Chafin)
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[Introduced February 9, 1994; referred to the Committee
on the Judiciary.]
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A BILL to amend article four, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section four;
and to amend chapter forty-nine of said code by adding
thereto a new article, designated article five-d, all
relating to establishing a prosecutor's advisory council;
election of chairman; responsibilities of the council;
providing for the appointment of county multidisciplinary
teams of professionals to review certain child abuse and
neglect cases; establishing procedures for deliberation by
the multidisciplinary teams; requiring cooperation from
other state and local governmental units; prohibiting
disclosure of certain confidential information; and waiver
of liability in certain cases.
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 a new section, designated section four;
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 teams; data collection.
There is hereby created the prosecutor's advisory council
composed of elected prosecuting attorneys of each county of this
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, in the chamber of the House of Delegates or
other meeting place in the city of Charleston, West Virginia.
The council 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 shallprovide advice, assistance and leadership to the offices of the
various county prosecuting attorneys 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 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 the meetings of the council.
The council may apply for and receive funds from any grant
program of any agency or institution of the United States, public
or private, in carrying out the purposes of this section.
CHAPTER 49. CHILD WELFARE.
ARTICLE 5D. MULTIDISCIPLINARY TEAMS.
§49-5D-1. Purpose.
The purpose of this article is to provide a system for
evaluation of children who
may be victims of abuse, neglect,
sexual assault or sexual abuse. 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 ofalleged offenses and competent criminal prosecution of offenders
to ensure that safety, as determined appropriate by the
prosecuting attorney.
§49-5D-2. Multidisciplinary teams; establishment; members;
powers.
In those counties wherein a team which meets the purposes of
this article does not exist on the effective date of this
article, the prosecuting attorney shall establish a
multidisciplinary screening, advisory and planning team. 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 representative from the department of health
and human resources, a local designee of the county board of
education and a local law-enforcement officer employed by a law-
enforcement agency in the county. In addition to the permanent
members, the multidisciplinary team shall include the following
members selected for a four-year term: (1) A licensed
psychologist, psychiatrist or therapist selected by the presiding
judge of the circuit court; (2) a child advocate attorney
selected by the county bar association, or if there is no county
bar association, he or she shall be selected by the state bar
association; (3) a licensed medical doctor selected by the
county's medical association, or if there is no county medical
association, he or she shall be selected by the state medical
association; and (4) a court appointed special advocate selectedby the court appointed advocate association in the county, or if
a court appointed special advocate organization does not exist
within a county, then the state court appointed special advocates
shall select one of their members. A nonpermanent member of the
multidisciplinary team may be reappointed for no more than two
successive terms. The department of health and human resources,
the county board of education, 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 situate 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.
§49-5D-3. Procedures.
(a) Any permanent member of the multidisciplinary team may
refer a case for consideration by the team.
(b) Within twenty-four hours of completing an initial
investigation, a child protective services worker or law-
enforcement officer who has initially substantiated a report of
serious physical injury or sexual abuse or assault, shall notifythe prosecuting attorney, who shall bring the case to the next
scheduled team meeting or to an emergency meeting if deemed
necessary by the prosecuting attorney.
(c) The multidisciplinary team shall meet at regular
intervals at least once every calendar month. At the initial
multidisciplinary assessment of any case referred, a plan shall
be established which shall include the next mandatory review date
of any case consistent with reviews that are scheduled according
to department of health and human resources policy. The team may
review any case more frequently than such policy may dictate, and
shall review the same as soon as reasonably possible upon the
occurrence of one or more of the following events:
(1) Any change of the child's circumstances necessitating
legal intervention not provided for under the plan; or
(2) At the conclusion of a criminal trial where the child is
a victim.
(d) Each member of the team shall share equally in the
establishment of team procedures.
(e) An attorney for the parent or parents of the child may
appear at the meetings of the team concerning that child but may
not otherwise participate in any such meeting as a member.
Additionally, in any case in which a child has had counsel
appointed pursuant to section two, article six of this chapter,
or has had a court appointed special advocate appointed, the
child's counsel or special advocate may attend the meetings of
the team concerning that child.
§49-5D-4. Cooperation of state, county and local agencies with
the multidisciplinary team; liability waived for violation
of privacy.
State, county and local agencies shall provide the
multidisciplinary 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:
Provided, That neither information in the possession of a
prosecuting attorney or other law enforcement agency which is
otherwise confidential under any other provision of this code,
nor confidential personnel or tax records, are subject to
disclosure under this section. The circuit court shall enter
such an order upon the motion of either party or on its own
motion. When a court order is obtained, the consent of the
child's parent, guardian or custodian is not required and no
person who, in compliance with such order, discloses to the team
information relevant to the disposition of the case as required
by such order shall be criminally or civilly liable therefor in
any action alleging a violation of any right to privacy or
confidentiality. 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 establish a statewide
prosecutor's council to provide assistance to local prosecuting
attorneys in cases involving child victims of abuse, neglect,
sexual assault or sexual abuse. The bill also provides for the
appointment of county multidisciplinary teams of professionals to
review cases of child abuse and neglect and to help plan
treatment for child victims.
§7-4-4 and §49-5D are new; therefore, strike-throughs and
underscoring have been omitted.