SB 311 Text

COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 311
(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, Sharpe, Claypole and Chafin)
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[Originating in the Committee on the Judiciary;
reported March 1, 1994.]
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A BILL to amend chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article five-d, 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 chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article five-d, to read as follows:

ARTICLE 5D. MULTIDISCIPLINARY INVESTIGATIVE 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 of alleged offenses and competent criminal prosecution of offenders to ensure that safety, as determined appropriate by the prosecuting attorney.

§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 childprotective services caseworker from the department of health and human 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 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 by the chief judge, upon recommendation by the team.
(b) Procedures:
(1) Any permanent member of the multidisciplinary team may refer a case for consideration by the team.
(2) 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 notify the prosecuting attorney, who shall bring the case to the attention of the investigative team at the next scheduled team meeting or to an emergency meeting if such is deemed necessary by the prosecuting attorney.
(3) Any permanent member of the multidisciplinary team shallrefer 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.
(4) 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. The team shall review all cases as soon as reasonably possible and shall review upon the occurrence of one or more of the following events:
(A) Any change of the child's circumstances necessitating legal intervention not provided for under the plan; or
(B) At the conclusion of a criminal trial where the child is a victim.
(c) 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. 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 planning teams; establishment; members; procedures; coordinating between agencies.

(a) The department of health and human resources shall designate one person in each county who shall coordinate theinitiation of any multidisciplinary planning team. This person shall convene the team, within fourteen days of referral, in any case when a petition is filed pursuant to section one, article six of this chapter, in any case when a child is placed outside the child's home and it is anticipated that the period that the child will be placed outside the child's home will exceed ten calendar days, or in any case referred by the investigative team as described in section two of this article. The team shall reconvene and review the plan not less than every sixty days and additionally upon any change of placement for any child.
(b) The team shall be directed by the child's or family's case manager employed by the department of health and human resources or a person who has been selected to act as a case manager due to a contract with the department. The team shall consist of the case manager, any foster care worker, the child's custodial parent or guardian, the child, if the child, is over the age of fourteen, the guardian ad litem for the child the parents' attorney, the prosecuting attorney and all public or private agencies or professionals providing services to the parent, child or family. Any other agency or person may be included as a member of the team at the discretion of the team members.
(c) The multidisciplinary planning team shall assist the department in the development or modification of a case plan in each case, including those which may be developed and submitted to the court pursuant to section three, article six-d of this chapter. Nothing in this section shall be construed to require that the court adopt such case plan nor to enlarge the timerestrictions imposed by section three, article six-d of this chapter.
(d) 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. 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, a petition was sought pursuant to section one, article six of this chapter, whether or not a criminal complaint was issued and whether a case was criminally prosecuted. All reports prepared by the treatment teams shall be provided no later than the first day of January, one thousand nine hundred ninety-five, and on the first day of January each year thereafter to the secretary of the department of health andhuman resources.

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