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55 COUNTIES OF WEST VIRGINIA

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WEST VIRGINIA CPS STATUTES:

VIRGINIA STATUTES: CHILDREN'S PROTECTIVE SERVICES


Child Abuse and Neglect
Child Witnesses to Domestic Violence
To better understand this issue and to view it across States, see the Child Witnesses to Domestic Violence: Summary of State Laws (PDF - 222 KB) publication.

Circumstances That Constitute Witnessing
This issue is not addressed in the statutes reviewed.

Consequences
This issue is not addressed in the statutes reviewed.


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Clergy as Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Clergy as Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 287 KB) publication.

Citation: W. Va. Code Ann. § 49-6A-2 (LexisNexis through 2007 Reg. & 1st Ex. Sess.)


When any...member of the clergy...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 48 hours after suspecting this abuse, report the circumstances or cause a report to be made to the Department of Health and Human Resources.

Citation: W. Va. Code Ann. § 49-6A-7 (LexisNexis through 2007 Reg. & 1st Ex. Sess.)


The privileged quality of communications between husband and wife and between any professional person and his or her patient or client, except that between attorney and client, is hereby abrogated in situations involving suspected or known child abuse or neglect.


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Cross-Reporting Among Responders to Child Abuse and Neglect
To better understand this issue and to view it across States, see the Cross-Reporting Among Responders to Child Abuse and Neglect: Summary of State Laws (PDF - 267 KB) publication.

W. Va. Code Ann. § 49-6A-5 (LexisNexis through 2007 1st Ex. Sess.)

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.


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Definitions of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Definitions of Child Abuse and Neglect: Summary of State Laws (PDF - 442 KB) publication.

Physical Abuse
Citation: Ann. Code § 49-1-3

Abused child means a child whose health or welfare is harmed or threatened by:
A parent, guardian, or custodian who knowingly or intentionally inflicts, attempts to inflict, or knowingly allows another person to inflict, physical injury or mental or emotional injury, upon the child or another child in the home
Sexual abuse or sexual exploitation
The sale or attempted sale of a child by a parent, guardian, or custodian in violation of the law
Domestic violence, as defined by § 48-27-202
Physical injury as a result of excessive corporal punishment
Child abuse and neglect or child abuse or neglect means physical injury of a child by a parent, guardian, or custodian who is responsible for the child's welfare, under circumstances that harm or threaten the health and welfare of the child.

Imminent danger to the physical well-being of the child means an emergency situation in which the welfare or the life of the child is threatened. Such emergency situations may include:

Nonaccidental trauma inflicted by a parent, guardian, custodian, sibling, or a babysitter or other caretaker
A combination of physical and other signs indicating a pattern of abuse that may be medically diagnosed as battered child syndrome
Sale or attempted sale of the child by the parent, guardian, or custodian
Serious physical abuse means bodily injury that creates a substantial risk of death or causes serious or prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.

Neglect
Citation: Ann. Code § 49-1-3

Neglected child means a child:

Whose physical or mental health is harmed or threatened by a present refusal, failure, or inability of the child's parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, supervision, medical care, or education
Who is presently without necessary food, clothing, shelter, medical care, education, or supervision because of the disappearance or absence of the child's parent or custodian
Child abuse and neglect or child abuse or neglect means negligent treatment or maltreatment of a child by a parent, guardian, or custodian who is responsible for the child's welfare, under circumstances that harm or threaten the health and welfare of the child.

Imminent danger to the physical well-being of the child means an emergency situation in which the welfare or the life of the child is threatened. Such emergency situations may include:

Nutritional deprivation
Inadequate treatment of serious illness or disease


Sexual Abuse
Citation: Ann. Code § 49-1-3

Sexual abuse means:
Engaging in, attempting to engage in, or knowingly procuring another person to engage in sexual intercourse, sexual intrusion, or sexual contact with an child less than age 16, notwithstanding the fact that the child may have willingly participated in such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct
Engaging in, attempting to engage in, or knowingly procuring another person to engage in sexual intercourse, sexual intrusion, or sexual contact with an child age 16 or older, notwithstanding the fact that the child may have consented to such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct
Any conduct whereby a parent, guardian, or custodian displays his or her sex organs to a child or procures another person to display his or her sex organs to a child, for the purpose of gratifying the sexual desire of the parent, guardian, or custodian, of the person making such display, or of the child, or for the purpose of affronting or alarming the child
Sexual exploitation means an act whereby a parent, guardian, or custodian:

Whether for financial gain or not, persuades, induces, entices, or coerces a child to engage in sexually explicit conduct
Persuades, induces, entices, or coerces a child to display his or her sex organs for the sexual gratification of the parent, guardian, custodian, or a third person, or to display his or her sex organs under circumstances in which the parent, guardian, or custodian knows such display is likely to be observed by others who would be affronted or alarmed


Emotional Abuse
Citation: Ann. Code § 49-1-3

Child abuse and neglect or child abuse or neglect includes mental or emotional injury of a child by a parent, guardian, or custodian who is responsible for the child's welfare, under circumstances that harm or threaten the health and welfare of the child.
Imminent danger to the physical well-being of the child includes substantial emotional injury inflicted by a parent, guardian, or custodian.

Abandonment
Citation: Ann. Code § 49-1-3

Imminent danger to the physical well-being of the child includes abandonment by the parent, guardian, or custodian.

Standards for Reporting
Citation: Ann. Code § 49-1-3

A report is required when the child's health and welfare are harmed or threatened with harm.

Persons Responsible for the Child
Citation: Ann. Code § 49-1-3

Responsible persons include the child's parent, guardian, or custodian.

Exceptions
Citation: Ann. Code § 49-1-3

A child is not considered neglected when:

The lack of necessary food, clothing, shelter, or medical care is due primarily to a lack of financial means on the part of the parent.
The child's education is conducted within the provisions of § 18-8-1 [that provides exemption from State compulsory education requirement for private school enrollment or home-schooling].



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Definitions of Domestic Violence
To better understand this issue and to view it across States, see the Definitions of Domestic Violence: Summary of State Laws (PDF - 639 KB) publication.

Defined in Domestic Violence Civil Laws
Citation: Ann. Code § 48-27-202

''Domestic violence'' or ''abuse'' means the occurrence of one or more of the following acts between family or household members:
Attempting to cause or intentionally, knowingly, or recklessly causing physical harm to another with or without dangerous or deadly weapons
Placing another in reasonable apprehension of physical harm
Creating fear of physical harm by harassment, psychological abuse, or threatening acts
Committing either sexual assault or sexual abuse
Holding, confining, detaining, or abducting another person against that person's will


Defined in Child Abuse Reporting and Child Protection Laws
Citation: Ann. Code § 49-1-3(a)(4), (c)

''Abused child'' means a child whose health or welfare is harmed or threatened by domestic violence, as defined in § 48-27-202.
''Battered parent'' means a parent, guardian, or other custodian who has been judicially determined not to have condoned the abuse or neglect and has not been able to stop the abuse or neglect of the child or children due to being the victim of domestic violence, as defined by § 48-27-202, and the domestic violence was perpetrated by the person or persons determined to have abused or neglected the child or children.

Defined in Criminal Laws
Citation: Ann. Code § 61-2-28

''Domestic battery'' means unlawfully and intentionally making physical contact of an insulting or provoking nature with a person's family or household member or unlawfully and intentionally causing physical harm to a person's family or household member.

''Domestic assault'' means unlawfully attempting to commit a violent injury against a person's family or household member or unlawfully committing an act that places a person's family or household member in reasonable apprehension of immediately receiving a violent injury.

Persons Included in the Definition
Citation: Ann. Code §§ 48-27-204; 61-2-28

''Family or household members'' means persons who:

Are or were married to each other
Are or were living together as spouses
Are or were sexual or intimate partners
Are or were dating
Are or were residing together in the same household
Have a child in common regardless of whether they have ever married or lived together
Have the following relationships to another person:
Parent or stepparent
Brother, sister, half-brother, half-sister, stepbrother, or stepsister
Father-in-law or mother-in-law
Stepfather-in-law or stepmother-in-law
Child or stepchild
Daughter-in-law, son-in-law, stepdaughter-in-law, or stepson-in-law
Grandparent or stepgrandparent
Aunt, aunt-in-law, or stepaunt
Uncle, uncle-in-law, or stepuncle
Niece or nephew
First or second cousin
Have a relationship listed above to a family or household member



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Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 574 KB) publication.

Confidentiality of Records
Citation: Ann. Code § 49-7-1

Except as otherwise provided below, all records and information concerning a child or juvenile that are maintained by the Division of Juvenile Services, the Department of Health and Human Resources, a child agency or facility, court, or law enforcement agency shall be kept confidential and shall not be released or disclosed to anyone, including any Federal or State agency.

Persons or Entities Allowed Access to Records
Ann. Code § 49-7-1

Notwithstanding the provisions above or any other provision of law to the contrary, records concerning a child or juvenile, except adoption records, juvenile court records, and records disclosing the identity of a person making a complaint of child abuse or neglect, shall be made available:
Where otherwise authorized by this chapter
To the child, a parent whose parental rights have not been terminated, or the attorney of the child or parent
With the written consent of the child or of someone authorized to act on the child's behalf
Pursuant to an order of a court of record
In addition to those persons or entities listed above, information related to child abuse or neglect proceedings, except information relating to the identity of the person reporting or making a complaint of child abuse or neglect, shall be made available, upon request, to:

Federal, State, or local government entities, or any agent of such entities, including law enforcement agencies and prosecuting attorneys, having a need for such information in order to carry out its responsibilities under law to protect children from abuse and neglect
The child fatality review team
Child abuse citizen review panels
Multidisciplinary investigative and treatment teams
A grand jury, circuit court, or family law master, upon a finding that information in the records is necessary for the determination of an issue


When Public Disclosure of Records is Allowed
Citation: Ann. Code § 49-7-1

In the event of a child fatality or near fatality due to child abuse and neglect, information relating to such fatality or near fatality shall be made public by the Department of Health and Human Resources and to the entities described above. Information released by the department shall not include the identity of a person reporting or making a complaint of child abuse or neglect.
Notwithstanding the provisions of this section, or any other provision of law to the contrary, the name and identity of any juvenile adjudicated or convicted of a violent or felonious crime shall be made available to the public.

Use of Records for Employment Screening

This issue is not addressed in the statutes reviewed.



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Establishment and Maintenance of Central Registries for Child Abuse Reports
To better understand this issue and to view it across States, see the Establishment and Maintenance of Central Registries for Child Abuse Reports: Summary of State Laws (PDF - 310 KB) publication.

Establishment
Citation: Ann. Code § 49-6A-9
Each local child protective services office shall receive reports.

Purpose
Citation:

This issue is not addressed in the statutes reviewed.

Contents
Citation: Ann. Code § 49-6A-9
Each local child protective services office shall receive all reports of children known or suspected to be abused or neglected.

Maintenance
Citation: Ann. Code § 49-6A-9
Each local office shall cross-file all such reports under the names of the children, the family, and any person substantiated as being an abuser by investigation of the Department of Health and Human Resources, with the use of such person's name limited to the internal use of the department.


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Immunity for Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 174 KB) publication.

Citation: W. Va. Code Ann. § 49-6A-6 (LexisNexis through 8-18-08)
Statute:
Any person, official, or institution participating in good faith in any act permitted or required by the reporting laws shall be immune from any civil or criminal liability that otherwise might result by reason of such actions.


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Making and Screening Reports of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Making and Screening Reports of Child Abuse and Neglect: Summary of State Laws (PDF - 619 KB) publication.

Reporting Procedures

Individual Responsibility
Citation: Ann. Code §§ 49-6A-2; 49-6A-5
When a mandated reporter has reasonable cause to suspect that a child is abused or neglected, he or she shall report to the Department of Health and Human Resources immediately, and not more than 48 hours after suspecting abuse or neglect.
If the reporter believes the child has suffered serious physical or sexual abuse, a report shall be made to the State Police or any law enforcement agency.

Reports of child abuse and neglect shall be made immediately by telephone to the child protective service agency and shall be followed by a written report within 48 hours if so requested by the receiving agency.

Content of Reports
Citation: Ann. Code § 49-6A-2
The report shall contain the reporter's observations of the conditions or circumstances that led to the suspicion that a child was an abused or neglected child.

Special Reporting Procedures

Suspicious Deaths
Citation: Ann. Code § 49-6A-3
Any mandated reporter who has reasonable cause to suspect that a child has died as a result of child abuse or neglect shall report that fact to the appropriate medical examiner or coroner.

Upon the receipt of such a report, the medical examiner or coroner shall cause an investigation to be made and report the findings to the police, the appropriate prosecuting attorney, the local child protective service agency and, if the institution making a report is a hospital, to the hospital.

Substance-Exposed Infants
Not addressed in statutes reviewed.

Screening Reports
Citation: Ann. Code § 49-6A-9
Each local child protective service office shall:

Receive all reports of children known or suspected to be abused or neglected on a 24-hour, 7-day-a-week basis
Provide or arrange for emergency children's services to be available at all times
Upon notification of suspected child abuse or neglect, commence a thorough investigation of the report and the child's environment
Respond immediately to all allegations of imminent danger to the physical well-being of the child or of serious physical abuse
Within 72 hours, conduct a face-to-face interview with the child or children, and develop a protection plan that may involve law enforcement officers or the court
The local child protective service office shall be responsible for providing, directing, or coordinating the appropriate and timely delivery of services to any child suspected or known to be abused or neglected, including services to the child's family and those responsible for the child's care.



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Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 633 KB) publication.

Professionals Required to Report
Citation: Ann. Code § 49-6A-2

The following professionals are required to report:
Medical, dental, or mental health professionals
Christian Science practitioners or religious healers
School teachers or other school personnel
Social service workers or child care or foster care workers
Emergency medical services personnel
Peace officer, law enforcement officials, or humane officers
Members of the clergy
Circuit court judges, family court judges, employees of the Division of Juvenile Services, or magistrates


Reporting by Other Persons
Citation: Ann. Code § 49-6A-2

Any person who has reasonable cause to suspect that a child is abused or neglected may report.

Standards for Making a Report
Citation: Ann. Code § 49-6A-2

A report is required when:
A reporter has reasonable cause to suspect that a child is abused or neglected.
A reporter observes a child being subjected to conditions that are likely to result in abuse or neglect.
A reporter believes that a child has suffered serious physical abuse, sexual abuse, or sexual assault.


Privileged Communications
Citation: Ann. Code § 49-6A-7

The privileged quality of communications between husband and wife and between any professional person and his or her patient or client, except that between attorney and client, cannot be invoked in situations involving suspected or known child abuse or neglect.

Inclusion of Reporter's Name in Report
Not addressed in statutes reviewed.

Disclosure of Reporter Identity
Not addressed in statutes reviewed.


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Parental Drug Use As Child Abuse
To better understand this issue and to view it across States, see the Parental Drug Use As Child Abuse: Summary of State Laws (PDF - 324 KB) publication.

Citation: W.Va. Code § 60A-10-12 (LexisNexis through 2008 2nd Ex. Sess.)

Statute Text:

Any person 18 years of age or older who knowingly causes or permits a minor to be present in a location where methamphetamine is manufactured or attempted to be manufactured is guilty of a felony and, upon conviction, shall be confined in a State correctional facility for not less than 1 year nor more than 5 years, fined not more than $10,000, or both.
Notwithstanding the provisions above, the penalty for a violation of said subsection when the child suffers serious bodily injury shall be confinement in a State correctional facility for not less than 3 years nor more than 15 years, a fine of not more than $25,000, or both.



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Penalties for Failure to Report and False Reporting of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws (PDF - 166 KB) publication.

Failure to Report
Ann. Code § 49-6A-8

Any mandated reporter who knowingly fails to report as required, or knowingly prevents another person acting reasonably from doing so, shall be guilty of a misdemeanor, and upon conviction shall be subject to one or both of the following:
Confinement in the county jail not more than 10 days
A fine of not more than $100


False Reporting

This issue is not addressed in the statutes reviewed.


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Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 502 KB) publication.

Right of the Reported Person to Review and Challenge Records
Not addressed in statutes reviewed.

When Records Must Be Expunged
Ann. Code § 49-6A-5

Unless there are pending proceedings, all reports shall be destroyed 30 years following their preparation.


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Child Welfare
Case Planning for Families Involved With Child Welfare Agencies
To better understand this issue and to view it across States, see the Case Planning for Families Involved With Child Welfare Agencies: Summary of State Laws (PDF - 696 KB) publication.

When Case Plans Are Required
Citation: Ann. Code § 49-6D-3

The department shall develop a family case plan for every family wherein a person has been referred to the department after being allowed an improvement period under the provisions of § 49-6-12.
The department also may prepare a family case plan for any person who voluntarily seeks child abuse and neglect services from the department, or who is referred to the department by another public agency or private organization.
In cases where the family has been referred to the department by a court under the provisions of this chapter, and further action before the court is pending, the family case plan shall be furnished to the court within 30 days after the entry of the order referring the case to the department.


Who May Participate in the Case Planning Process
Citation: Ann. Code § 49-6D-3

The department shall encourage participation in the development of the family case plan by the parent, guardian, or custodian, and, if the child is age 12 or older and the child's participation is otherwise appropriate, by the child.
It shall be the duty of counsel for the participants to participate in the development of the family case plan.


Contents of a Case Plan
Ann. Code § 49-6D-3

The family case plan is to clearly set forth an organized, realistic method of identifying family problems and the logical steps to be used in resolving or lessening those problems. Every family case plan prepared by the department shall contain the following:
A listing of specific, measurable, and realistic goals to be achieved
An arrangement of goals into an order of priority
A listing of the problems that will be addressed by each goal
A specific description of how the assigned caseworker or caseworkers and the abusing parent, guardian, or custodian will achieve each goal
A description of the departmental and community resources to be used in implementing the proposed actions and services
A list of the services, including time-limited reunification services, as defined in § 49-1-3, that will be provided
Time targets for the achievement of goals or portions of goals
An assignment of tasks to the abusing or neglecting parent, guardian, or custodian, to the caseworker or caseworkers, and to other participants in the planning process
A designation of when and how often tasks will be performed
The safety of the placement of the child and plans for returning the child safely home



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Concurrent Planning for Permanency for Children
To better understand this issue and to view it across States, see the Concurrent Planning for Permanency for Children: Summary of State Laws (PDF - 200 KB) publication.

Citation: W. Va. Code Ann. § 49-6-5(a) (LexisNexis through 2007 1st Ex. Sess.)

Statute Text:

Reasonable efforts to place a child for adoption or with a legal guardian may be made at the same time reasonable efforts are made to prevent removal or to make it possible for a child to safely return home.


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Court Hearings for the Permanent Placement of Children
To better understand this issue and to view it across States, see the Court Hearings for the Permanent Placement of Children: Summary of State Laws (PDF - 528 KB) publication.

Schedule of Hearings
Citation: Ann. Code §§ 49-6-5a; 49-6-8
A permanency hearing shall be held:
Within 12 months of the child's commitment to care and every 12 months thereafter
Within 30 days of a finding that reasonable efforts are not required and at least every 3 months thereafter until permanency is achieved


Persons Entitled to Attend Hearings
Citation: Ann. Code §§ 49-6-5a; 49-6-8
Any foster parent, preadoptive parent, or relative providing care for the child shall be given notice of and the opportunity to be heard at the permanency hearing.
Before the annual foster care review hearing, notice of the right to be present shall be provided to:

The child's attorney
The child if he or she is age 12 or older
The child's parent
The child's guardian
The child's foster parent
Any preadoptive parent
Any relative providing care for the child
Other persons as the court may direct


Determinations Made at Hearings
Citation: Ann. Code §§ 49-6-5a; 49-6-8
The purpose of the permanency hearing is to determine the permanency plan for the child. At the conclusion of each permanency hearing, the court must enter an order stating whether or not the Department of Health and Human Resources made reasonable efforts to finalize the permanency plan.
The purpose of the foster care hearing is to:

Review the child's case
Determine whether and under what conditions the child's commitment to the department shall continue
Determine what efforts are necessary to provide the child with a permanent home
At the conclusion of the hearing the court shall, in accordance with the best interests of the child, enter an appropriate order of disposition. The court order shall state:

Whether or not the department made reasonable efforts to preserve the family and to prevent out-of-home placement or that the specific situation made such effort unreasonable
Whether or not the department made reasonable efforts to finalize the permanency plan for the child
Identify services required to meet the child's needs
The court shall possess continuing jurisdiction over cases as long as a child remains in temporary foster care or, when a child is returned to his or her natural parents subject to conditions imposed by the court, as long as the conditions are effective.

Permanency Options
Citation: Ann. Code § 49-6-5a
Permanency options include:

Return to the parent
Adoption
Placement with a fit and willing relative
Legal guardianship
Another planned permanent living arrangement



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Criminal Background Checks for Prospective Foster and Adoptive Parents
To better understand this issue and to view it across States, see the Criminal Background Checks for Prospective Foster and Adoptive Parents: Summary of State Laws (PDF - 553 KB) publication.

Requirements for Foster Parents
Citation: Ann. Code § 49-2B-8; Code of State Rules § 78-2-13

The secretary shall prescribe forms and reasonable application procedures including, but not limited to, fingerprinting of applicants and other persons responsible for the care of children for submission to the State police and, if necessary, the FBI for criminal history record checks.
Before a home registration is granted, the secretary shall investigate all persons responsible for the care of children for compliance with standards including criminal and child abuse or neglect history of persons present in the home while children are in care.
[The following information is taken from the Code of State Rules.] For licensure as a foster parent, the following are required prior to approval:
All adult household members shall complete a Criminal Identification Bureau record form [that is fingerprint-based] and a Statement of Criminal Record form.
All adult household members shall complete a Statement of Child Abuse or Neglect History form and a signed release of information authorizing the department to verify the information.
An agency shall not approve a home for foster care in which a household member has any convictions other than minor traffic violations. Special circumstances may allow a waiver to be granted by the secretary.


Requirements for Adoptive Parents
Citation: Ann. Code § 48-22-701; Code of State Rules § 78-2-13

A criminal background check may be required for a prospective adoptive parent to determine his or her suitability as an adoptive parent.
[The following information is taken from the Code of State Rules.] For certification for an agency adoption, the following are required prior to approval:
All adult household members shall complete a Criminal Identification Bureau record form [that is fingerprint-based] and a Statement of Criminal Record form.
All adult household members shall complete a Statement of Child Abuse or Neglect History form and a signed release of information authorizing the department to verify the information.
An agency shall not approve a home for adoption in which a household member has any convictions other than minor traffic violations. Special circumstances may allow a waiver to be granted by the secretary.



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Determining the Best Interests of the Child
To better understand this issue and to view it across States, see the Determining the Best Interests of the Child: Summary of State Laws (PDF - 385 KB) publication.

Citation: W. Va. Code Ann. § 49-1-1(a)(1)-(a)(8), (b) (LexisNexis through 2007 2nd Ex. Sess.)

Statute Text:

The purpose of this chapter is to provide a coordinated system of child welfare and juvenile justice for the children of this State that has goals to:
Assure each child care, safety, and guidance
Serve the mental and physical welfare of the child
Preserve and strengthen the child's family ties
Recognize the fundamental rights of children and parents
Adopt procedures and establish programs that are family-focused rather than focused on specific family members, except where the best interests of the child or the safety of the community are at risk
Involve the child and his or her family or caregiver in the planning and delivery of programs and services
Provide services that are community-based and in the least restrictive settings that are consonant with the needs and potentials of the child and his or her family
Provide for early identification of the problems of children and their families, and respond appropriately with measures and services to prevent abuse and neglect or delinquency
In pursuit of these goals, it is the intention of the legislature to provide for removing the child from the custody of his or her parents only when the child's welfare or the safety and protection of the public cannot be adequately safeguarded without removal; and when the child has to be removed from his or her family, to secure for the child custody, care, and discipline consistent with the child's best interests and other goals herein set out. It is further the intention of the legislature to require that any reunification, permanency, or preplacement preventative services address the safety of the child.



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Grounds for Involuntary Termination of Parental Rights
To better understand this issue and to view it across States, see the Grounds for Involuntary Termination of Parental Rights: Summary of State Laws (PDF - 444 KB) publication.

Circumstances That Are Grounds for Termination of Parental Rights
Ann. Code § 49-6-5

The court shall terminate the parental rights of an abusing parent when:
The parent has subjected any child in the household to aggravated circumstances, which include, but are not limited to, abandonment, torture, chronic abuse, and sexual abuse.
The parent has:
Committed murder or voluntary manslaughter of the child's other parent, another child of the parent, or any other child residing in the same household
Attempted or conspired to commit such a murder or voluntary manslaughter
Committed a felonious assault that results in serious bodily injury to the child, the child's other parent, or any other child residing in the same household
The parental rights of the parent to another child have been terminated involuntarily.
The abusing parent has habitually abused or is addicted to alcohol, controlled substances, or drugs, to the extent that proper parenting skills have been seriously impaired and such person or persons have not responded to or followed through the recommended and appropriate treatment.
The abusing parent has willfully refused to cooperate in the development of a reasonable family case plan designed to lead to the child's return to their care, custody, and control.
The abusing parent has not responded to or followed through with a reasonable family case plan designed to reduce or prevent the abuse or neglect of the child.
The parent has abandoned the child.
The parent has repeatedly or seriously injured the child physically or emotionally or has sexually abused or sexually exploited the child.

The parent suffers from emotional illness, mental illness, or mental deficiency of such duration or nature as to render the parent incapable of exercising proper parenting skills or sufficiently improving the adequacy of such skills.
A battered parent's parenting skills have been seriously impaired, and he or she has willfully refused or is presently unwilling or unable to cooperate in the development of a reasonable treatment plan or has not adequately responded to or followed through with the recommended and appropriate treatment plan.


Circumstances That Are Exceptions to Termination of Parental Rights
Ann. Code § 49-6-5b

A petition shall be filed when the child has been in foster care for 15 of the most recent 22 months. The department may determine not to file a petition to terminate parental rights when:
At the option of the department, the child has been placed with a relative.
The department has documented in the case plan a compelling reason, including but not limited to, the child's age and preference for termination or the child's placement in custody of the department based on another proceeding, that filing the petition would not be in the best interests of the child.
The department has not provided, when reasonable efforts to return a child to the family are required, the services to the child's family as the department deems necessary for the safe return of the child to the home.



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Infant Safe Haven Laws
To better understand this issue and to view it across States, see the Infant Safe Haven Laws: Summary of State Laws (PDF - 660 KB) publication.

Infant's Age
Ann. Code § 49-6E-1

A child who is less than 30 days old may be relinquished.

Who May Relinquish the Infant
Ann. Code § 49-6E-1

The child may be relinquished by his or her parent.

Who May Receive the Infant
Ann. Code § 49-6E-1

The child may be left at a hospital or health-care facility.

Responsibilities of the Safe Haven Provider
Ann. Code §§ 49-6E-1; 49-6E-2

The hospital or health-care facility shall, without a court order, take possession of a child if the child is voluntarily delivered to the hospital or health-care facility by the child's parent within 30 days of the child's birth, and the parent did not express an intent to return for the child. A hospital or health-care facility that takes possession of a child shall perform any act necessary to protect the physical health or safety of the child.
Not later than the close of the first business day after the hospital or health-care facility takes possession of a child, the hospital or health-care facility shall notify the Child Protective Services Division of the Department of Health and Human Resources that it has taken possession of the child and shall provide to the department any information provided by the parent delivering the child. The hospital or health-care facility shall refer any inquiries about the child to the Department of Health and Human Resources protective services division.

Immunity for the Provider

This issue is not addressed in the statutes reviewed.

Protection for Relinquishing Parent
Ann. Code §§ 49-6E-1; 49-6E-4

In accepting possession of the child, the hospital or health-care facility may not require the person to identify themselves but shall otherwise respect the person's desire to remain anonymous.

It is an affirmative defense to prosecution [for child neglect resulting in injury or risk of injury] under § 61-8D-4(a) if a parent charged under that section delivered the child, for whom the parent is charged, within 30 days of the child's birth.

Effect on Parental Rights
Ann. Code §§ 49-6E-2; 49-6E-5

The Department of Health and Human Resources shall assume the care, control, and custody of the child at the time of delivery of the child to the hospital or health-care facility and may contract with a private childcare agency for the care and placement of the child after the child leaves the hospital or health-care facility.

The child shall be eligible for adoption as an abandoned child §§ 48-4-1 et seq.



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Online Resources for State Child Welfare Law and Policy
To better understand this issue and to view it across States, see the Online Resources for State Child Welfare Law and Policy (PDF - 472 KB) publication.

Statutes:

Website for Statutes: www.legis.state.wv.us/WVCODE/Code.cfm
Citations:

Adoption: Chapter 48, §§ 48-22-101 through 48-22-903; 48-23-101 through 48-23-801; Chapter 49, §§ 49-2C-1 through 49-2C-4
Child Protection: Chapter 49, §§ 49-6A-1 through 49-6A-10
Child Welfare: Chapter 49, §§ 49-2-1 through 49-2-17; 49-2A-1 through 49-2A-2; 49-2D-1 through 49-2D-9; 49-6-1 through 39-6-12; 49-6D-1 through 49-6D-3; 49-6E-1 through 49-6E-5

Regulation/Policy

Website for Administrative Code: www.wvsos.com/csr/
Note:
See Social and Human Services, Children & Youth Commission and Human Services sections





Website for Agency Policies: www.wvdhhr.org/bcf/policy/


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Placement of Children With Relatives
To better understand this issue and to view it across States, see the Placement of Children With Relatives: Summary of State Laws (PDF - 310 KB) publication.

Relative Placement for Foster Care and Guardianship

This issue is not addressed in the statutes reviewed.

Requirements for Placement with Relatives

This issue is not addressed in the statutes reviewed.

Relatives Who May Adopt

This issue is not addressed in the statutes reviewed.

Requirements for Adoption by Relatives

This issue is not addressed in the statutes reviewed.


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Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
To better understand this issue and to view it across States, see the Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children: Summary of State Laws (PDF - 368 KB) publication.

What Are Reasonable Efforts
Citation: Ann. Code § 49-6-5
''Reasonable efforts'' are measures taken by the department to provide remedial and reunification services.

When Reasonable Efforts Are Required
Citation: Ann. Code § 49-6-5
Reasonable efforts must be made:
To preserve the family and to prevent placement
To eliminate the need for removing the child from the child's home
To make it possible for the child to safely return home


When Reasonable Efforts Are NOT Required
Citation: Ann. Code § 49-6-5
The department is not required to make reasonable efforts to preserve the family if the court determines:
The parent has subjected the child, another child of the parent, or any other child residing in the same household to aggravated circumstances that include, but are not limited to, abandonment, torture, chronic abuse, and sexual abuse.
The parent has committed murder or voluntary manslaughter of the child's other parent, another child of the parent, or any other child residing in the same household.
The parent has attempted or conspired to commit murder or voluntary manslaughter or been an accessory before or after the fact to either such crime.
The parent has committed a felonious assault that results in serious bodily injury to the child, the child's other parent, another child of the parent, or any other child residing in the same household.
The parental rights of the parent to another child have been terminated involuntarily.



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Standby Guardianship
To better understand this issue and to view it across States, see the Standby Guardianship: Summary of State Laws (PDF - 256 KB) publication.

Who Can Nominate a Standby Guardian
Citation: Ann. Code §§ 44A-5-2; 44A-5-3
A parent, functional parent, or any person acting on the parent's behalf may petition for a standby guardian for a child of a qualified parent. ''Qualified parent'' means a parent who has been diagnosed by a licensed physician to be afflicted with a progressive or chronic condition caused by injury, disease, or illness from which, to a reasonable degree of medical probability, the patient cannot recover and that is likely to lead to debilitation or incompetence.

How to Establish a Standby Guardian
Citation: Ann. Code §§ 44A-5-3; 44A-5-4; 44A-5-5
Upon petition, the court may approve a person as standby guardian for a child of a qualified parent upon the occurrence of a specific triggering event. The petition shall include:
The name and address of the petitioner and his or her relationship to the child, the name and address of the child's qualified parent, and the name and address of any other parent of the child whose identity and whereabouts are known
The name, address, and birth date of the child
The proposed triggering event
Whether a determination of incompetence or debilitation has been made
Whether there is a significant risk that the qualified parent will die imminently or become physically or mentally incapable of caring for the child or die as a result of a progressive chronic condition or illness
The name and address of the proposed standby guardian
Any known reasons why the child's other parent is not assuming or should not assume the responsibilities of a standby guardian
When a petition is filed by a person other than a parent having custody of the child, the standby guardian shall be appointed only with the consent of the qualified parent unless the court finds that such consent cannot be given for medical reasons.

A parent may execute a written designation of a standby guardian at anytime. The written designation shall be signed by the parent and witnessed by two adults.

Children who are age 14 or older must be notified of any hearing.

How Standby Authority is Activated
Citation: Ann. Code §§ 44A-5-4; 44A-5-5; 44A-5-6
The authority of the standby guardian is effective:

Upon receipt by the standby guardian of a determination of incompetence or a certificate of death
If so requested in the petition, upon receipt by the standby guardian of a written consent of the qualified parent and filing of the consent with the court
A court-approved standby guardian then has 30 days to file confirming documents with the court. A standby guardian by written designation must petition the court for approval as soon as possible, but no later than 30 days after the triggering event.

If the parent has died, the standby guardian has 90 days to petition for the appointment of a permanent guardian or initiate proceedings to determine custody of the child.

Involvement of the Noncustodial Parent
Citation: Ann. Code § 44A-5-3
Each parent whose identity and whereabouts are known must receive notice and a copy of the petition; he or she has 10 days to request a hearing. The court cannot proceed if a custody case is pending.

Authority Relationship of the Parent and the Standby
Citation: Ann. Code §§ 44A-5-2; 44A-5-7
The standby guardian temporarily assumes the duties of guardian of the child on behalf of or in conjunction with a qualified parent, upon the occurrence of a triggering event, so as to enable the parent to plan for the future of a child, without terminating parental or legal rights. It creates co-guardianship rights between a parent and the standby guardian, giving the standby guardian the authority to act in a manner consistent with the known wishes of a qualified parent regarding the care, custody, and support of the child.

When a standby guardian's authority is effective due to debilitation or incompetence of the parent, the standby guardian's authority to act on behalf of the parent continues even when the parent is restored to health unless the parent notifies the guardian and, if appropriate, the court, in writing.



Withdrawing Guardianship
Citation: Ann. Code § 44A-5-7
The authority of a standby guardian who has been approved by the court may be revoked by the parent by filing a notice of revocation with the court.
At any time following his or her approval by the court, a standby guardian may decline to serve by filing a written statement of refusal with the court and having the statement personally served on the parent.

When a written designation has been executed, but is not yet effective because the triggering event has not yet occurred, the parent may revoke or the prospective standby guardian may refuse the designation by notifying the other party in writing.

A written designation may also be revoked by the execution of a subsequent inconsistent designation.



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Adoption
Access to Adoption Records
To better understand this issue and to view it across States, see the Access to Adoption Records: Summary of State Laws (PDF - 504 KB) publication.

Who May Access Information
Citation: Ann. Code §§ 48-23-601; 48-23-402

Nonidentifying information may be provided to:
The adoptive parents or, in the event of death of the adoptive parents, the child's guardian
The adoptee who is age 18 or older
The birth parent
If the adoptee is deceased, nonidentifying information may be provided to:

The adoptee's spouse if he or she is the legal parent of the adoptee's child or the guardian of any child of the adoptee
Any progeny of the adoptee who is age 18 or older
Identifying information may be obtained through the mutual consent voluntary adoption registry by:

The birth parent when the child is age 18 or older
The adult adoptee except when there is a sibling in his or her adoptive family who is under age 18


Access to Nonidentifying Information
Citation: Ann. Code § 48-23-601

Prior to placement for adoption, the agency shall compile and provide to the prospective adoptive parents a detailed written health history and genetic and social history of the child. These histories must exclude information that would identify birth parents or members of a birth parent's family.
Records containing such nonidentifying information shall be retained by the clerk of the court for 99 years, and shall be available upon request, together with any additional nonidentifying information that may have been added on health or genetic and social history, to any person listed above.

Mutual Access to Identifying Information
Citation: Ann. Code §§ 48-23-501 through 48-23-504; 48-22-702

The adult adoptee and each birth parent may register by submitting an affidavit to the registry. The failure of any person to file with the registry for any reason, including death or disability, precludes the disclosure of identifying information to those persons who do register.

Upon registering, the registrant must participate in no less than 1 hour of counseling with a social worker.

In any case where the identity of the birth father was unknown to the birth mother, or one or both of the birth parents are deceased, this information shall be shared with the adult adoptee. In these cases, the adoptee will not be able to obtain identifying information through the registry.

The affidavit must include, if known:

The current name and address and any previous name by which the person was known
The child's original and adopted names
The place and date of the child's birth
The name and address of the agency that placed the child
The administrator of the registry shall process each affidavit in an attempt to match the adopte and the birth parents. There is a match when the adult adoptee and the birth parent have each registered and received the required counseling. When a match has taken place, the department shall directly notify all parties through a direct and confidential contact.

If an adoptee or parent of a minor adoptee cannot obtain identifying information by use of the registry, identifying information may be sought by petitioning the court. If the court is unable to obtain consent from either of the birth parents, the court may release identifying information to the adoptee if at a hearing the court finds there is evidence of compelling medical or other good cause for release of such identifying information.

Access to Original Birth Certificate
Citation: Ann. Code § 16-5-18

The State Registrar shall establish a new certificate of birth for a person born in West Virginia when he or she receives a certificate of adoption or a certified copy of the order of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth.

A new certificate of birth shall show the actual city, county and date of birth, if known, and shall be substituted for the original certificate of birth on file. The original certificate of birth and the evidence of adoption may be inspected only upon order of a court of competent jurisdiction, except as provided by legislative rule or as otherwise provided by State law.

Where the Information Can Be Located

West Virginia Mutual Consent Voluntary Adoption Registry, Department of Health and Human Resources

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Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents
To better understand this issue and to view it across States, see the Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents: Summary of State Laws (PDF - 371 KB) publication.

Agency or Person Gathering Information or Preparing Report
Citation: Ann. Code §§ 48-22-701; 48-23-601
A report on the adopting parents may be prepared by any person or agency approved by the court.
Information about the birth family shall be compiled by:

The licensed adoption agency
The person or entity that arranged the adoption


Contents of Report About Person to be Adopted
Citation: Ann. Code §§ 48-22-701; 48-23-601
The information about the child shall include:
A detailed written health history
Genetic and social history
A description of the adjustment of the child to the adoption


Contents of Report About Birth Parents
Citation: Ann. Code § 48-23-601
The information on the birth parents shall include:
Nonidentifying written health history
Genetic and social history of the birth parents and family


Contents of Report About Adoptive Parents
Citation: Ann. Code § 48-22-701
The report on the prospective adoptive parents shall include:
An assessment of the suitability of the parents' home
A description of family members
Medical and employment histories
A description of the home and surroundings
Personal references
Other information deemed necessary by the court
A criminal background investigation



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Consent to Adoption
To better understand this issue and to view it across States, see the Consent to Adoption: Summary of State Laws (PDF - 474 KB) publication.

Who Must Consent to an Adoption
Citation: Ann. Code §§ 48-22-301; 49-3-1
Consent to or relinquishment for adoption of a minor child is required of:
The parents or surviving parent, whether adult or infant, of a marital child
The outsider father of a marital child who has been adjudicated to be the father of the child or who has filed a paternity action that is pending at the time of the filing of the petition for adoption
The birth mother, whether adult or minor, of a nonmarital child
The determined father
If all persons entitled to parental rights of the child are deceased or have been deprived of the custody of the child by law, then consent or relinquishment is required of the legal guardian or of any other person having legal custody of the child at the time. If there is no legal guardian or any person who has legal custody of the child, then consent or relinquishment is required from some discreet and suitable person appointed by the court to act as the next friend of the child in the adoption proceedings.

Whenever a child welfare agency licensed to place children for adoption or the department of health and human resources has been given the permanent legal and physical custody of any child and the rights of the mother and the rights of the legal, determined, putative, outside, or unknown father of the child have been terminated by order of a court of competent jurisdiction or by a legally executed relinquishment of parental rights, the child welfare agency or the department may consent to the adoption of the child.

Age When Consent of Adoptee is Considered or Required
Citation: Ann. Code § 48-22-301
If the child to be adopted is age 12 or older, the consent of the child is required to be given in the presence of a judge of a court of competent jurisdiction, unless for extraordinary cause, the requirement of such consent is waived by the court.

When Parental Consent is not Needed
Citation: Ann. Code § 48-22-301
Consent or relinquishment shall not be required of a parent or of any other person having custody of the child:

Whose parental rights have been terminated
Whom the court finds has abandoned the child
Who, in a stepparent adoption, is the birth parent or adoptive parent of the child and is married to the petitioning adoptive parent
If the mother, legal father, or determined father is under disability, the court may order the adoption if it finds:

The parental rights of the person are terminated, abandoned, or permanently relinquished.
The person is incurably insane.
The disability arises solely because of age and an otherwise valid consent or relinquishment has been given.


When Consent Can Be Executed
Citation: Ann. Code § 48-22-302
No consent or relinquishment may be executed before the expiration of 72 hours after the birth of the child to be adopted.

How Consent Must Be Executed
Citation: Ann. Code §§ 48-22-302; 48-22-304
A consent or relinquishment executed by a parent or guardian must be signed and acknowledged in the presence of one of the following:
A judge of a court of record
A person whom a judge of a court of record designates to take consents or relinquishments
A notary public
A commissioned officer on active duty in the military of the U.S., if the person executing the consent or relinquishment is in military service
An officer of the foreign service or a consular officer of the U.S. in another country, if the person executing the consent or relinquishment is in that country
If a person who has executed a consent to or relinquishment for adoption is under age 18 at the time of the filing of the petition, and such minor parent is a resident of the State, the consent or relinquishment shall be specifically reviewed and approved by the court, and a guardian ad litem may be appointed to represent the interests of the minor parent. The guardian ad litem shall conduct a discreet inquiry regarding the consent or relinquishment given and may inquire of any person having knowledge of the consent or relinquishment. If the guardian ad litem finds reasonable cause to believe that the consent or relinquishment was obtained by fraud or duress, the court may request the minor parent to appear before the court or at a deposition, so that inquiry may be made regarding the circumstances surrounding the execution of the consent or relinquishment.

Revocation of Consent
Citation: Ann. Code §§ 48-22-303; 48-22-305
A consent or relinquishment may provide explicitly for its conditional revocation if:

Another person whose consent or relinquishment is required does not execute the same within a specified period.
A court determines not to terminate another person's parental relationship to the child.
In a direct placement for adoption, a petition for adoption by a prospective adoptive parent, named or described in the consent, is denied or withdrawn.
Parental consent or relinquishment, whether given by an adult or minor, may be revoked only if:

The person who executed the consent and the prospective adoptive parent named in the consent, or the agency in case of relinquishment, agree to its revocation prior to the entry of an adoption order.
The person who executed the consent proves by clear and convincing evidence, in an action filed either within 6 months of the date of the execution of the consent or prior to the date an adoption order is final, whichever date is later, that the consent or relinquishment was obtained by fraud or duress.
The person who executed the consent proves by a preponderance of the evidence, prior to the entry of an adoption order, that a condition allowing revocation as expressly set forth in the consent has occurred.
The person who executed the consent proves by clear and convincing evidence, prior to the entry of an adoption order, that the consent or relinquishment does not comply with the requirements set forth in this article.



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Court Jurisdiction and Venue for Adoption Petitions
To better understand this issue and to view it across States, see the Court Jurisdiction and Venue for Adoption Petitions: Summary of State Laws (PDF - 233 KB) publication.

Jurisdiction
Citation: Ann. Code § 48-22-201
The circuit court has jurisdiction over adoption proceedings.

Venue
Citation: Ann. Code § 48-22-201

The petition must be filed in the county in which the petitioner resides.


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State Recognition of Intercountry Adoptions Finalized Abroad
To better understand this issue and to view it across States, see the State Recognition of Intercountry Adoptions Finalized Abroad: Summary of State Laws (PDF - 414 KB) publication.

Effect and Recognition of a Foreign Adoption Decree
Citation: Ann. Code § 48-22-901

When an adoption occurs in a foreign country and the adopted child has immigrated to the United States with the permission of the United States, this State shall recognize the adoption. The rights and obligations of the parties as to matters within the jurisdiction of this State shall be determined as though the adoption decree was issued by a court of this State.

Readoption After an Intercountry Adoption
Citation: Ann. Code §§ 48-22-902; 48-22-903

Any time after the child has immigrated to the United States, the adoptive parents may petition the court to recognize the foreign adoption decree that was issued abroad. The petition will set forth:
The name and address of the petitioner(s)
The name of the child adopted abroad
The name by which the child will now be known
The child's country of origin and date of birth, if known
That the child has a visa or other document authorizing entry into the United States and the date of entry
That a home study of the petitioner(s) was prepared
The date on which the adoption was decreed in the foreign country
A copy of the visa or other documentation, the home study, and the foreign adoption decree or other document(s) that evidence finalization of the adoption in the foreign country, along with an English translation, will be attached to the petition.

The petition may include requests for specific relief or findings to meet the best interests of the child that may be granted at the court's discretion, such as a revised birth date if a physician has recommended a revision of the child's birth date.

The court shall review the petition and accompanying documentation and, if the court finds the petition and documentation to be satisfactory, it shall enter an order of adoption stating that the documentation required has been submitted and is satisfactory and that the adoption must be recognized in West Virginia and shall have the same force and effect as if the decree of adoption was granted in accordance with the provisions of the West Virginia adoption act.

Application for a U.S. Birth Certificate
Citation: Ann. Code §§ 16-5-16(a); 16-5-18(h)

When a court has entered an adoption order, it shall require the preparation of a certificate of adoption. The certificate of adoption shall be certified by the clerk of the court and shall provide:

In the case of a person who was born in a foreign country, evidence from sources determined to be reliable by the court as to the date and place of birth
Information necessary to establish a new certificate of birth of the adopted person
Information sufficient to identify the order of adoption
Upon receipt of the required documentation, the State Registrar shall prepare and register a certificate in this State for a person born in a foreign country who is not a citizen of the United States and who was adopted through a court of competent jurisdiction in this State. The State Registrar shall establish the certificate upon receipt of:

A certificate of adoption from the court ordering the adoption
Proof of the date and place of the child's birth
A request that the certificate be prepared, from the court, the adopting parents, or the adopted person if he or she has attained age 18
The certificate shall be labeled ''Certificate of Foreign Birth'' and shall show the actual country of birth. The certificate shall include a statement that it is not evidence of U.S. citizenship for the person for whom it is issued.



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Intestate Inheritance Rights for Adopted Children
To better understand this issue and to view it across States, see the Intestate Inheritance Rights for Adopted Children: Summary of State Laws (PDF - 333 KB) publication.

Birth Parents in Relation to Adopted Person
Citation: Ann. Code § 48-22-703
Upon the entry of the final adoption decree, the birth parents shall be divested of all legal rights, including the right of inheritance from or through the adopted child.
Such child shall not inherit from any person entitled to parental rights prior to the adoption or their kindred, except that a child legally adopted by a husband or wife of a person entitled to parental rights prior to the adoption shall inherit from such person as well as from the adopting parent.

Adoptive Parents in Relation to Adopted Person
Citation: Ann. Code § 48-22-703
From and after the entry of the order of adoption, a legally adopted child shall inherit from and through the parent(s) by adoption and their kindred.

If the adopted person dies intestate, all property, including real and personal, of such adopted person shall pass to the adopting parent(s).



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Postadoption Contact Agreements Between Birth and Adoptive Families
To better understand this issue and to view it across States, see the Postadoption Contact Agreements Between Birth and Adoptive Families: Summary of State Laws (PDF - 443 KB) publication.

What may be included in postadoption contact agreements?

This issue is not addressed in the statutes reviewed.

Who may be a party to a postadoption contact agreement?

This issue is not addressed in the statutes reviewed.

What is the role of the court in postadoption contact agreements?
Citation: Ann. Code § 48-22-704

A decree or order entered under this article may not be vacated or set aside upon application of a person alleging there is a failure to comply with an agreement for visitation or communication with the adopted child.

Are agreements legally enforceable?
Citation: Ann. Code § 48-22-704

The court may hear a petition to enforce the agreement, in which case the court shall determine whether enforcement of the agreement would serve the best interests of the child. The court may, in its sole discretion, consider the position of a child of the age and maturity to express such position to the court.

How may an agreement be terminated or modified?

This issue is not addressed in the statutes reviewed.


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Regulation of Private Domestic Adoption Expenses
To better understand this issue and to view it across States, see the Regulation of Private Domestic Adoption Expenses: Summary of State Laws (PDF - 592 KB) publication.

Birth Parent Expenses Allowed
Citation: Ann. Code § 48-22-803(e)

The following payments are permitted:
Reasonable and customary legal, medical, hospital, or other expenses incurred in connection with the pregnancy, birth, and adoption proceedings
Any other fees authorized by law or approved by the court


Birth Parent Expenses Not Allowed
Citation: Ann. Code § 48-22-803(e)
Any fees not authorized by law or approved by the court are prohibited.

Allowable Payments for Arranging Adoption
Citation: Ann. Code § 48-22-803(a)
It is unlawful for any person or agency to knowingly offer, give, or agree to give to another person money, property, service, or other thing of value in consideration for the recipient's locating, providing, or procuring a minor child for any purpose that entails a transfer of the legal or physical custody of the child, including, but not limited to, adoption or placement.

Allowable Payments for Relinquishing Child
Citation: Ann. Code § 48-22-803(b), (d)
It is unlawful for any person to knowingly receive, accept, or offer to accept money, property, service, or other thing of value to locate, provide, or procure a minor child for any purpose that entails a transfer of the legal or physical custody of the child, including, but not limited to, adoption or placement.
A child whose parent, guardian, or custodian has sold or attempted to sell the child in violation of the provisions of this article may be deemed an abused child, as defined by § 49-1-3. The court may place such a child in the custody of the Department of Health and Human Resources or with such other responsible person as the best interests of the child dictate.

Allowable Fees Charged by Department/Agency
Citation: Ann. Code § 48-22-803(e)
Fees may be paid for reasonable and customary services provided by the Department of Health and Human Resources or any licensed or duly authorized adoption or child-placing agency.

Accounting of Expenses Required by Court
Citation: Ann. Code § 48-22-803(f)
At the final hearing on the adoption, an affidavit of any fees and expenses paid or promised by the adoptive parents shall be submitted to the court.



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Rights of Presumed (Putative) Fathers, The
To better understand this issue and to view it across States, see the Rights of Presumed (Putative) Fathers, The: Summary of State Laws (PDF - 925 KB) publication.

Legal definition of "father"
Ann. Code §§ 48-22-105; 109; 110; 113; 114

''Birth father'' means the biological father of the child.
''Determined father'' means, before adoption, a person:

In whom paternity has been established pursuant to the provisions of article 24-101 et seq., whether by adjudication or acknowledgment
Who has been otherwise judicially determined to be the biological father of the child entitled to parental rights
Who has asserted his paternity of the child in an action commenced pursuant to the provisions of article 24-101, et seq., that is pending at the time of the filing of the adoption petition
''Legal father'' means, before adoption, the male person having the legal relationship of parent to a child:

Who is married to the child's mother at the time of conception
Who is married to the child's mother at the time of birth of the child
Who is the biological father of the child and who marries the mother before an adoption of the child
''Outsider father'' means the biological father of a child born to or conceived by the mother while she is married to another man who is not the biological father of the child.

''Putative father'' means, before adoption, any man named by the mother as a possible biological father of the child pursuant to the provisions of § 48-22-502, who is not a legal or determined father.



Putative father registry

No

Alternate means to establish paternity
Ann. Code §§ 48-24-101; 48-24-106

A civil action to establish the paternity of a child may be instituted, by verified complaint, in the family court of the county where the child resides.
A ''paternity proceeding'' is a summary proceeding wherein a family court upon the petition of the State or another proper party may intervene to determine and protect the respective personal rights of a child for whom paternity has not been lawfully established.

A decree or order made and entered by a court in a paternity proceeding shall include a determination of the filial relationship, if any, that exists between a child and his or her putative father.

A paternity proceeding may be brought by any of the following persons:

An unmarried mother of a child
A married mother of a child if she alleges that:
She lived separate and apart from her husband preceding the birth of the child
She did not cohabit with her husband at any time during such separation
The respondent, rather than her husband, is the father of the child
The State of West Virginia
Any person who is not the mother of the child but who has physical or legal custody of the child
The guardian of the child
The next friend of the child when the child is a minor
The child in his or her own right at any time after the child's 18th birthday but prior to the child's 21st birthday
A man who believes he is the father of a child born out of wedlock when there has been no prior judicial determination of paternity
Blood or tissue samples may be ordered to be taken in such locations as may be convenient for the parties so long as the integrity of the chain of custody of the samples can be preserved.

A written, notarized acknowledgment executed pursuant to law legally establishes the man as the father of the child for all purposes.

Required Information

This issue is not addressed in the statutes reviewed.

Revocation of claim to paternity

This issue is not addressed in the statutes reviewed.

Access to information

This issue is not addressed in the statutes reviewed.



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Use of Advertising and Facilitators in Adoptive Placements
To better understand this issue and to view it across States, see the Use of Advertising and Facilitators in Adoptive Placements: Summary of State Laws (PDF - 282 KB) publication.

Use of Advertisement

This issue is not addressed in the statutes reviewed.


Use of Intermediaries/Facilitators
Citation: Ann. Code § 48-22-803

Any person or agency that knowingly offers, gives, or agrees to give to another person, and any person who receives, accepts, or offers to accept money, property, service or other thing of value in consideration for the recipient locating, providing, or procuring a minor child for any purpose that entails a transfer of the legal or physical custody of said child, including, but not limited to, adoption or placement, is guilty of a felony.

A child whose parent, guardian, or custodian has sold or attempted to sell said child in violation of this article may be deemed an abused child. The court may place such a child in the custody of the Department of Health and Human Resources or with such other responsible person as the best interests of the child dictate.

This section does not prohibit the payment or receipt of the following:

Fees paid for reasonable and customary services provided by the department or any licensed or duly authorized adoption or child-placing agency
Reasonable and customary legal, medical, hospital, or other expenses incurred in connection with the pregnancy, birth, and adoption proceedings
Fees and expenses included in any agreement in which a woman agrees to become a surrogate mother
Any fees or charges authorized by law or approved by a court in a proceeding relating to the placement plan, prospective placement, or placement of a minor child for adoption

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Who May Adopt, Be Adopted, or Place a Child for Adoption
To better understand this issue and to view it across States, see the Who May Adopt, Be Adopted, or Place a Child for Adoption: Summary of State Laws (PDF - 302 KB) publication.

Who May Adopt
Citation: Ann. Code § 48-22-201
The following persons may adopt:
Any person
A stepparent with the consent of his or her spouse
A husband and wife jointly


Who May Be Adopted
Citation: Ann. Code §§ 48-22-201; 48-22-801
The following persons may be adopted:
Any minor child
Any person age 18 or older, if the adopting parent is a West Virginia resident


Who May Place a Child for Adoption
Citation: Ann. Code §§ 49-3-1; 48-22-104
Relinquishment for an adoption to an agency or to the department is required of the birth parent or any other person whose consent is required by § 48-22-301. Only a public or private agency or the department of health and human resources is authorized to place children for adoption.
 
 
 

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