Rewriting history
Reforming the Entire System: A Comprehensive Overhaul
A New System
§49-1-201. Definitions related, but not limited, to child abuse and neglect.
When used in this chapter, terms defined in this section have the meanings ascribed to them that relate to, but are not limited to, child abuse and neglect, except in those instances where a different meaning is provided or the context in which the word is used clearly indicates that a different meaning is intended.
Any other parts of the Child welfare code needs this removed as well
49-1-201 through 49-1-208
Reforming the Entire System: A Comprehensive Overhaul
We are revamping the entire system, addressing everything from daily agency operations to case processing procedures.
Some positions will be eliminated, but affected workers will be given ample time to seek new employment within the state or government.
Each employee will have the opportunity to collaborate with Human Resources to find a role that matches their skill set. If they qualify for a new position, they will be transferred without a hiring process.
Employees under suspension will have their pay and benefits adjusted according to the compensation they will receive pending an investigation. They must wait for the investigation's outcome. If found not guilty, they will also have the chance to work with Human Resources.
If an employee is suspended and their new position has already started, they may remain in that role during the investigation, provided it does not fall into prohibited categories, such as Department of Human Services worker, Child Welfare worker, Adult Welfare worker, youth service worker, Lawyer, Judge, Magistrate, Guardian Ad Litem, caseworker, or any job involving children, families, and the court system.
Effective [date], no cases will be referred to the Department of Human Services, Child Welfare, Adult Welfare, or youth service worker; they will instead be directed to a new unit designated for these matters. A dedicated unit will manage existing cases while another will manage new cases. A Commanding Officer at the Capitol will work closely with legislation to oversee all old cases, and each county will appoint a Chief Officer along with other officers based on local needs. All officers will supervise case workers, assigning cases according to their type. Any case workers or officers found mishandling cases will face suspension with partial pay, and their benefits will be adjusted accordingly while investigations take place. These Officers will consist of retired or injured officers. This way we will not affect the working of officers and their line of duty.
The structure of this division will be as follows:
The Director will oversee the entire division.
The Assistant Director will track the status of all cases. Working with the Commanding Officer.
The Commanding Officer will manage policies and procedures across all counties. While working closely with the Chief Officer assigned to old cases.
The Chief Officer will ensure that all officers and case workers adhere to policies and procedures.
Officers will investigate cases, assign them to appropriate case workers, and guide them on how to proceed.
Case workers will oversee CPS, APS, and youth services without making independent decisions, merely following directives.
All individuals will undergo a thorough interview process, including psychological evaluations, to ensure they are mentally equipped to prioritize the well-being of families before assuming caseworker roles. New hires will have annual or as needed evaluations to maintain the right mindset for overseeing cases, with similar guidelines applying to officers, excluding physical and weapons tests.
Before becoming a GAL, individuals will go through the same vetting process as case workers.
All officers will adhere to the same protocols established for their roles.
The unit managing old cases will investigate complaints brought by the parties involved. An investigator will present findings to the Commanding Officer, who will determine how to proceed. Cases will be reviewed by a panel designated for their type or classified as criminal. Any parties suspected of misconduct will face suspension with adjusted pay pending investigation. If found guilty, they will be barred from roles such as DHHR worker, CPS worker, APS worker, youth service worker, Lawyer, Judge, Magistrate, GAL, case worker, or any related job involving children, families, and the court system. They will lose titles and licenses, and criminal charges will be filed if necessary.
Cases currently in court or with CPS workers will transition to the new unit, with closed cases from 2018 to now potentially treated as new cases based on the effective date of this bill. Old cases not meeting these criteria will go to the unit for old cases.
Hearing Procedures:
Each county must have a panel comprising a Lawyer or Legislator, based on demand.
A panel will consist of Lawyers or Legislators and two individuals with relevant backgrounds to assist with cases. Decisions will require at least two members to agree for a final ruling.
The panel will maintain a bipartisan approach concerning CPS, courts, and related matters. A state-level Federal court will review higher-profile cases to determine potential criminal charges.
Individuals overseeing these cases will be state employees, benefiting from fulltime employment and state benefits, with pay aligned with average judges’ compensation in higher courts.
If a judge on the panel identifies noncompliance with new laws, they can bring this to the attention of other panel members, potentially leading to reassignment if two members concur.
A court date will be established based on the findings.
All hearings will be conducted before the designated panel.
Guidelines for Old Cases:
Families must adhere to specific criteria to participate in this process.
All hearing decisions will be final, with no appeals permitted.
Cases will be prioritized based on urgency, with the most recent cases reviewed first.
Cases older than ten years will only be eligible for expungement, following all court-established expungement procedures.
Cases nine years or newer will be treated as new cases, with investigators interviewing all parties involved and presenting findings to legislators.
Previous court rulings will be overturned, and new decisions will be issued.
Children involved will be returned to biological parents based on the separation duration. If children do not remember their parents, reunification will occur only when they feel comfortable. In cases where children have bonded with adoptive families, visitation will be arranged, with biological parents retaining decision making authority regarding schooling, medical care, and travel for visits. Adoptive parents cannot exert influence over biological parents, and visits will gradually decrease over time, unless continued contact is necessary.
Families will have access to all resources related to CPS and the courts. No doctors, lawyers, GALs, Prosecutors, or other parties will be involved in the second handling of these cases.
All new court proceedings will follow the established guidelines.
Cases not yet in court or currently under judicial consideration will proceed under the new bill's effective date. The child's pediatrician's opinion will significantly influence the case direction and whether it proceeds at all.
New workings:
Claims of medical neglect must originate from the child’s pediatrician. ER doctors or any other doctor whom the child has not seen for an extended period must report to the child's treating pediatrician before calling CPS. Then CPS must speak and have a signed statement from the child's pediatrician that it is in the child's best interest to be removed from the parents’ custody. CPS cannot rely on doctors they typically work with to substantiate claims of medical neglect. Nor can they pick the doctors they want the child to go to. The treating pediatrician will refer the child to a doctor of their choosing and work with that doctor on the child's care. This is how that should look
Primary care physician
Child Protective Services (CPS) is obligated to consult with the child's primary care physician or any clinic that treats the child and not solely rely on the observations of an emergency room physician or physician that has only seen the child once or twice. The child's primary care physician or any clinic that treats the child will be required to submit a formal statement to the court. In cases with abuse the child's primary care physician or any clinic that treats the child may also be required to testify either by phone or in person. If a specialist's evaluation is necessary, the child's primary care physician or any clinic that treats the child will be responsible for making the referral.
ER physicians or any other physician who has not treated the child for an extended period are required to consult with the child's primary care physician or any clinic that treats the child before contacting Child Protective Services (CPS). They must refrain from contacting Child Protective Services (CPS) if the child's primary care physician or any clinic that treats the child indicates that there is no cause for concern. The recommendations of the child's primary care physician or any clinic that treats the child will carry significant weight in any decision regarding the child's removal from their home. A signed statement from the child's primary care physician or any clinic that treats the child is mandatory in cases where removal is being considered due to medical neglect or any claims of child abuse. Also no child should be removed without the child's primary care physician or any clinic weighing in on the decision even if there are no accusations of medical neglect.
The system will no longer rely on doctors with whom they have a working relationship to validate claims of medical neglect or to provide psychological evaluations. The child's primary care physician or any clinic will refer the child to a physician and collaborate with that physician. Psychological evaluations for the parents will go through the primary care physician or any clinic and will collaborate with that physician.
The Findings will be sent in an affidavit to the court by the primary care physician. Within using the primary care physician the child or parents medical insurance can be billed. The department would only have to cover the copay and any other bill the family receives that insurance doesn't cover. In the case a child does not have a primary care physician or any clinic this will be taken under consideration. Imminent danger may be considered if these actions put the child's medical need in danger. The child is to be seen by a primary care physician or any clinic to make sure the health of the child is meat. At no time will the Department or any agency go against the families Religious Beliefs. This encompasses decisions regarding vaccination, medication, and medical procedures that conflict with the family's beliefs. In cases where the parent does not have a primary care physician the parents lawyer will appoint a court appointed Psychological evaluator. As well with the same Religious Beliefs.
Investigating officers will obtain signed witness statements from claimants and others they interview. Any allegations of abuse will require testimony in court, with false claims subject to West Virginia Code 61-6-20.
False claims will be addressed with accountability measures.
In cases involving drug allegations, a drug dog will accompany the investigating officer, and if drug presence is suspected, a search warrant under West Virginia Code 62-1A will be sought. If drugs are found, the case will be treated as a criminal matter.
Two types of cases will emerge: those managed within the designated panel and those involving criminal activity, which will be overseen as criminal cases under West Virginia Code 62-3-2.
The removal of a child will only occur under a warrant issued in accordance with West Virginia Code 62-1A, based on evidence of imminent danger or criminal conduct.
Families in need of assistance will be assigned court dates and provided with resources. At court, the panel will follow up with the case worker and investigating officer, with case workers conducting regular check-ins based on case needs.
GALs will only engage with children when necessary, fostering relationships with all family members, including biological parents. They will monitor child welfare in foster care situations only and will not make custody determinations. Their reports will focus on the child's well-being.
The court will no longer appoint evaluations; this responsibility will fall to the individual’s treating physician or lawyer. Court records will not be shared with psychologists, who will only know that an evaluation is required without details of the individual's status.
When a parent is found not guilty or there were false allegations made these cases will be expunged under West Virginia code 61-11-25.
Conflicts of interest must be avoided, with West Virginia Code 6B-2-5 adhered to. Family or friends involved in a case will be prohibited from participating, and reassignment will occur as needed.
Any cases going through family court will have to adhere to all the guidelines except for the panel. These cases will still be heard in family court where the investigating officer will work relaying all the necessary information to the judge. In the matter where the officer believes there are directions being made that are not in the best interest of the child, they will bring this to the attention of the review panel to investigate. Any investigation will still fall under the same guidelines as a case being reviewed.
A child being returned to the biological family will be a case-by-case decision and the child's best interest will always be healed to the highest regards. With the end goal being reunification with the child's biological family.
Workers and their families will not be allowed to foster children within the state’s foster care system unless the child has been in the system with no pending case and the appeal period has expired. The only way a worker of this division can foster or adopt a child is when there is no other family for the child or children to be placed with and the case must be completed.
These changes will allow for a one-year adjustment period to organize new jobs and placements. A follow-up will occur two weeks before the next session, with updates presented during that session. Furthermore, reunification will always be the goal and if that is not possible kinship will be the next step. Foster care will only be used as the last resort.
Supporting system (Joined By Hearts) or other Non-profits
The primary objective is to assist parents in reclaiming their children and to support those aging out of the system.
Initially, parents will complete a questionnaire designed to provide insight into their experiences, including details about their evaluations, the number of evaluations they underwent, and information about their judge, lawyer, CPS worker, GAL, and other relevant questions. This will help us collect crucial data on case similarities. By analyzing this information, we can identify inconsistencies within the system, which will aid in creating a more effective framework. We can connect the weak points in the system to specific cases, helping us determine what needs improvement. This process will ensure individual confidentiality while offering key information to establish a database.
This program will provide support and character-building meetings to help parents remain resilient during this challenging period. By fostering a community of peer support, parents will have someone to rely on. Our goal is to prepare them for their children's return home, increasing the chances of positive outcomes and reducing interactions with CPS. This faith-based group will focus on spiritual growth as families rebuild their lives, with parents who have successfully navigated similar struggles offering guidance to those currently facing challenges. Whether it is assisting with housing appointments, job interviews, résumé creation, or providing appropriate interview attire, we will be there every step of the way, demonstrating Christ’s love while encouraging parents to stay strong for their children.
Eventually, we aim to establish a shelter/out service help. That enables abused women to heal through a structured step-by-step program. They can work on this program while in their own home or living on site. Consisting of three to four phases, depending on their healing journey and any substance use issues. All women living on site will begin in a group home setting with their children, progress to a dormitory, and transition to a one-bedroom apartment. This arrangement will allow mothers to pay rent, with a portion contributing toward a down payment on a home loan we assist them in obtaining during their stay. If a mother is struggling with substance abuse, her children will be cared for by trained staff in a designated area of the shelter, while the parent receives detox support. This arrangement allows families to stay together and heal while embracing God's love.
For mothers that are off site and on site we will offer daycare services, a computer lab for mothers to pursue education, and teachers to assist both children and parents. During this time, we will help mothers rebuild their credit and teach them essential financial skills, including saving and avoiding debt, along with assistance in obtaining a vehicle and regaining stability. For those aging out of the system without children, we will provide separate housing with the necessary support and love to help them create a better future. They will have access to the same resources available to parents, ensuring they are well-prepared to leave the shelter and build successful lives.
We will collaborate with other organizations to ensure that every parent receives all available state assistance.
We aim to show families that, while they may not fully understand their circumstances, God has a plan for them.
Benefits
To support parents' return to the workforce, several changes should be considered:
Adjust income guidelines to reflect the rising cost of living.
Revise the Connect program to assist parents who work non-traditional hours. Allowing parents to select a caregiver for in-home childcare will help maintain stability for families with irregular schedules.
In-home care should be available for parents working late shifts to avoid disrupting children's sleep patterns.
In-home care should also be provided for parents of children with disabilities and behavioral issues.
Offer incentives to encourage parents to return to work.
Establish a training program for state jobs that require some education but not necessarily a degree.
Link benefits to parents actively seeking and maintaining employment, with exceptions for those with children who have disabilities.
For families covered by state medical insurance, no child should be denied necessary medical treatment as determined by a physician.
Mental Health
West Virginia has a significant number of children facing mental health challenges. Partnering with organizations like Teen Challenge and establishing their presence in the state could help meet this urgent need.
Drug Addiction
Working with organizations such as Teen Challenge would allow for alternatives for drug-related offenses. Instead of serving a three-year prison sentence, individuals could be redirected to rehabilitation programs.
