Introduced Version
Senate Bill 435 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 435
(By Senator Sprouse)
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[Introduced February 4, 2004; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §49-6A-2 of the code of West Virginia,
1931, as amended, relating to providing that the division of
human services' child protective services employees report to
professional referral sources who request a report concerning
the status of a child abuse and child neglect referral.
Be it enacted by the Legislature of West Virginia:
That §49-6A-2
of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6A. REPORTS OF CHILDREN SUSPECTED TO BE ABUSED OR
NEGLECTED.
§49-6A-2. Persons mandated to report suspected abuse and neglect;
department to report status of referral to referral
source; referral source subject to confidentiality
standards of department.
(a) When any medical, dental or mental health professional,
christian science practitioner, religious healer, school teacher or
other school personnel, social service worker, child care or foster care worker, emergency medical services personnel, peace officer or
law-enforcement official, member of the clergy, circuit court
judge, family law master, employee of the division of juvenile
services or magistrate has reasonable cause to suspect that a child
is neglected or abused or observes the child being subjected to
conditions that are likely to result in abuse or neglect, such
person shall immediately, and not more than forty-eight hours after
suspecting this abuse, report the circumstances or cause a report
to be made to the state department of human services: Provided,
That in any case where the reporter believes that the child
suffered serious physical abuse or sexual abuse or sexual assault,
the reporter shall also immediately report, or cause a report to be
made, to the division of public safety and any law-enforcement
agency having jurisdiction to investigate the complaint: Provided,
however, That any person required to report under this article who
is a member of the staff of a public or private institution,
school, facility or agency shall immediately notify the person in
charge of such institution, school, facility or agency, or a
designated agent thereof, who shall report or cause a report to be
made. However, nothing in this article is intended to prevent
individuals from reporting on their own behalf.
(b) In addition to those persons and officials specifically
required to report situations involving suspected abuse or neglect
of children, any other person may make a report if such person has
reasonable cause to suspect that a child has been abused or
neglected in a home or institution or observes the child being subjected to conditions or circumstances that would reasonably
result in abuse or neglect.
(c) Notwithstanding any provision of law to the contrary, in
the event any person required to report suspected child abuse or
neglect under the provisions of this section requests a report on
the status of the referral, the department shall provide a report
of the status of the referral and any developments or actions that
have transpired as a result of the referral to the person who
initiated the referral: Provided, That the person who requests the
report shall be subject to the same standards of confidentiality as
the department.
NOTE: The purpose of this bill is to
provide that department
of human services child protective service employees report back to
professional referral sources concerning the status of a child
abuse and child neglect referral made by the professional referral
source, when requested to do so by the professional referral
source.
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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