Bill Text: WV HB3160 | 2023 | Regular Session | Introduced
Bill Title: Providing that records of Department of Health and Human Services of sustained and non-sustained allegations of child abuse or neglect are preserved
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-01-31 - To House Health and Human Resources [HB3160 Detail]
Download: West_Virginia-2023-HB3160-Introduced.html
WEST VIRGINIA LEGISLATURE
2023 REGULAR SESSION
Introduced
House Bill 3160
By Delegate Pushkin
[Introduced January 31, 2023; Referred to the Committee on Health and Human Resources then the Judiciary]
A BILL to amend and reenact §49-4-601b of the Code of West Virginia, 1931, as amended, relating to providing that records of Department of Health and Human Services of sustained and nonsustained allegations of child abuse or neglect are preserved; establishing timeframes for preservation depending on whether the allegations are sustained or not sustained and the severity of the degree of abuse or neglect.
Be it enacted by the Legislature of West Virginia:
ARTICLE 4. COURT ACTIONS.
§49-4-601b. Substantiation by the department of abuse and neglect.
(a) Notwithstanding any provision of this code to the contrary, when the department substantiates an allegation of abuse or neglect against a person, but there is no judicial finding of abuse or neglect as a result of the allegation, the department shall provide written notice of the substantiation to the person by certified mail, return receipt requested.
(b) The individual against whom an abuse or neglect allegation has been substantiated, as described in subsection (a) of this section, has the right to contest the substantiation by filing a grievance with the board of review of the department and has the right to appeal the decision of the board of review to the court, in accordance with the provisions of §29A-5-1 et seq. of this code regarding administrative appeals.
(c) The secretary of the department shall promulgate legislative rules in accordance with §29A-3-1 et seq. of this code, within the applicable time limit to be considered by the Legislature during its regular session in the year 2021, which rules shall include, at a minimum:
(1) Provisions for ensuring that an individual against whom the department has substantiated an allegation of abuse and neglect, but against whom there is no judicial finding of abuse or neglect, receives written notice of the substantiation in a timely manner. The written notice must, at a minimum, state the following:
(A) The name of the child the person is alleged to have abused or neglected, the place or places where the abuse or neglect allegedly occurred, and the date or dates on which the abuse or neglect is alleged to have occurred;
(B) That the person has a right to file a grievance protesting the substantiation of abuse and neglect with the board of review of the department and clear instructions regarding how to file a grievance with the board of review, including a description of any applicable time limits;
(C) That the person has a right to appeal an adverse decision of the board of review of the department to the courts and notice of any applicable time limits; and
(D) A description of any public or nonpublic registry on which the person’s name will be included as a result of a substantiated allegation of abuse and neglect and a statement that the inclusion of the person’s name on the registry may prevent the person from holding jobs from which child abusers are disqualified, or from providing foster or kinship care to a child in the future;
(2) Provisions for ensuring that a person against whom an allegation of abuse and neglect has been substantiated, but against whom there is no judicial finding of abuse or neglect, may file a grievance with the department and provisions guaranteeing that any such person will have a full and fair opportunity to be heard; and
(3) Provisions requiring the department to remove a person’s name from an abuse and neglect registry maintained by the department if a substantiation is successfully challenged in the board of review or in a court.
(A) Level 1- This level includes those injuries or conditions, real or threatened, that result in or were likely to have resulted in serious harm to a child;
(B) Level 2- This level includes injuries or conditions, real or threatened, that result in or were likely to have resulted in moderate harm to a child;
(C) Level 3- This level includes injuries or conditions, real or threatened, that result in or were likely to have resulted in minimal harm to a child.
(2) The record of the investigation with an unfounded disposition shall be purged three years after the date of the complaint or report if there are no subsequent complaints or reports regarding the individual against whom allegations of abuse or neglect were made in those three years. The individual against whom an unfounded disposition for allegations of abuse or neglect was made may request in writing that the local department retain the record for an additional period of up to two years. The individual against whom allegations of abuse or neglect were made may request in writing that the department shall immediately purge the record upon presentation of a certified copy of an administrative order issued pursuant to §29A-5-1 of this code, that there has been a determination that the complaint or report was made in bad faith or with malicious intent.
(3) The identifying information shall be retained based on the determined level of severity of the abuse or neglect:
(A) Eighteen years past the date of the complaint for all complaints determined by the local department to be founded as Level 1;
(B) Seven years past the date of the complaint for all complaints determined by the local department to be founded as Level 2;
(C) Three years past the date of the complaint for all complaints determined by the local department to be founded as Level 3; and
(D) When a person was found to have committed a Level 2 or Level 3 offense, and at least one year has passed since the event, upon a determination by the child protective service worker that the person has successfully completed alcohol or drug rehabilitation or counseling and the person is no longer a danger to the child.
NOTE: The purpose of this bill is to establish a time period for providing that records of Department of Health and Human Services records of sustained and nonsustained allegations of child abuse or neglect are preserved for the purpose of preventing a person in which these findings are made may have their names removed from a registry that may prevent the person from holding jobs from which child abusers are disqualified, or from providing foster or kinship care to a child in the future.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
