- Learn about child laws in West Virginia.West Virginia state contour against blurred USA flag image by Stasys Eidiejus from Fotolia.com
West Virginia child laws apply to parents, professionals (i.e. school teachers, pediatricians) and residents of all ages. Staff at the Department of Health and Human Resources review and administer child protective laws in the state. Understanding and adhering to the laws can help you to avoid penalties and other court-ordered punishments such as jail time. - Clergy, physicians, social service workers, teachers and family court judges are required to report instances of suspected abuse or neglect. Reports of abuse can be made in person at a Department of Health and Human Resources (DHHR) office or by calling the Child Abuse and Neglect Hotline (800-352-6513). Child Protective Services (CPS) reviews all reports of abuse, and the agency must review the report within two hours. If CPS staff members determine that the report meets legal definitions of abuse and neglect (i.e. sexual molestation, child abandonment), a caseworker is assigned to investigate. Reporters of abuse or neglect do not have to be a resident of West Virginia. State law provides civil and criminal protection to people who report abuse in good faith. If the CPS determines that a child is not safe in the home, the child might be placed into foster care or legally transferred into the care of another adult relative.
- West Virginia’s Bureau for Children and Families Policy and the Adoption and Safe Families Act mandates that all prospective foster and adoptive parents undergo a background investigation. People who are guilty of committing violent crimes, domestic abuse, sexual abuse, theft or arson are not allowed to adopt or become a foster parent in West Virginia. Each member of the household is required to have their fingerprints taken. Local and national criminal databases (including Federal Bureau of Investigation records) are searched. Every five years foster parents must submit to a new background investigation. The minimum age to become a foster parent or adopt a child in West Virginia is 21. Adoptive and foster parents must have good physical, financial and mental health. The state’s Foster/Adoptive Care Provider Home Finding Policy requires the CPS to ensure that fire and safety inspections are conducted on all foster and adoptive parents’ homes.
- The West Virginia Bureau for Child Support Enforcement considers a non-custodial parent to be in arrears after they fall one or more months behind in support payments. These parents can have their state and federal income tax refund checks intercepted, their wages garnished and their licenses suspended. Paternity must be established before child support orders are created. Parents who receive Temporary Assistance for Needy Families (TANF) are automatically contacted by the Bureau for Child Support Enforcement to complete an application to receive child support. Custodial and non-custodial parents that do not receive TANF should contact the bureau directly to file to receive child support.
- Daycare providers that care for 13 or more children in their home for 30 or more days a year are required to have their residence or facility licensed by the West Virginia Department of Health and Human Resources. Failure to receive a license could result in a fine or imprisonment. Staff members that work at the child care center have to pass a background investigation. The facility should include a kitchen, bathroom, hallways, storage areas and activity space. One sink and toilet for each 15 children must exist on site. The minimum age for children at the daycare facility is six weeks; maximum age is 12 years.
previous post