Bill Text: WV SB312 | 2024 | Regular Session | Introduced
Bill Title: Requiring CPS to interview mandatory reporters who submit abuse or neglect referrals
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2024-01-12 - To Judiciary [SB312 Detail]
Download: West_Virginia-2024-SB312-Introduced.html
WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced
Senate Bill 312
By Senators Swope and Phillips
[Introduced January 12, 2024; referred
to the Committee on the Judiciary]
A BILL to amend and reenact §49-2-803 of the Code of West Virginia, 1931, as amended, relating to requiring Child Protective Services to interview mandatory reporters who submit screened-in abuse/neglect referrals.
Be it enacted by the Legislature of West Virginia:
Article 2. state responsibility for children.
§49-2-803. Persons mandated to report suspected abuse and neglect; requirements.
(a) 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, humane officer, member of the clergy, circuit court judge, family court judge, employee of the Division of Juvenile Services, magistrate, youth camp administrator or counselor, employee, coach or volunteer of an entity that provides organized activities for children, or commercial film or photographic print processor who has reasonable cause to suspect that a child is neglected or abused, including sexual abuse or sexual assault, or observes the child being subjected to conditions that are likely to result in abuse or neglect shall immediately, and not more than 24 hours after suspecting this abuse or neglect, report the circumstances to the Department of Health and Human Resources. 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 to the State Police and any law-enforcement agency having jurisdiction to investigate the complaint. Any person required to report under this article who is a member of the staff or volunteer of a public or private institution, school, entity that provides organized activities for children, facility, or agency shall also immediately notify the person in charge of the institution, school, entity that provides organized activities for children, facility, or agency, or a designated agent thereof, who may supplement the report or cause an additional report to be made: Provided, That notifying a person in charge, supervisor, or superior does not exempt a person from his or her mandate to report suspected abuse or neglect.
(b) County boards of education and private school administrators shall provide all employees with a written statement setting forth the requirements contained in this section and shall obtain and preserve a signed acknowledgment from school employees that they have received and understand the reporting requirement.
(c) Nothing in this article is intended to prevent individuals from reporting suspected abuse or neglect on their own behalf. 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 that 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.
(d) The provisions of this section are not applicable to persons under the age of 18.
(e) Child Protective Services must conduct an interview of every mandatory reporter who submits a screened-in abuse or neglect referral.
NOTE: The purpose of this bill is to require CPS to interview mandatory reporters who submit screened-in abuse /neglect referrals.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
