H. B. 3018
(By Delegates Beane, G. White, Paxton,
Mezzatesta and Stalnaker)
[Introduced February 14, 2003; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact section five, article six-a, chapter
forty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to changing the
amount of time that department of health and human resources
must retain child protective services' records from six years
to thirty years.
Be it enacted by the Legislature of West Virginia:
That section five, article six-a, chapter forty-nine of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 6A. REPORTS OF CHILDREN SUSPECTED TO BE ABUSED OR
NEGLECTED.
§49-6A-5. Reporting procedures.
Reports of child abuse and neglect pursuant to this article
shall be made immediately by telephone to the local state department child protective service agency and shall be followed by
a written report within forty-eight hours if so requested by the
receiving agency. The state department shall establish and
maintain a twenty-four hour, seven-day-a-week telephone number to
receive such calls reporting suspected or known child abuse or
neglect.
A copy of any report of serious physical abuse, sexual abuse
or assault shall be forwarded by the department to the appropriate
law-enforcement agency, the prosecuting attorney or the coroner or
medical examiner's office. All reports under this article shall be
confidential and unless there are pending proceedings with regard
thereto shall be destroyed six thirty years following their
preparation. Reports of known or suspected institutional child
abuse or neglect shall be made and received as all other reports
made pursuant to this article.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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