HB 5407
The purpose of this bill is to facilitate the participation of mental health providers in juvenile abuse and neglect cases.
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill aims to improve how mental health professionals are involved in cases involving child abuse and neglect in West Virginia. It allows the court to order the temporary removal of a child from their home if there’s an immediate danger to their well-being and no other suitable options are available, even if the parents are present. The bill also requires the department of social services to share relevant medical and mental health records with the child’s school counselor and outlines specific circumstances where efforts to preserve the family are not required.
Key provisions
- Allows the court to order temporary removal of a child from their home if there’s an imminent danger to their well-being.
- Requires the department to share medical and mental health records with the child’s school counselor.
- Specifies circumstances when the department is not required to make efforts to preserve the family.
- Addresses emergency removal by the department without a court order in certain situations.
- Mandates a hearing within 10 days if the department takes physical custody of a child.
- Requires the court to consider the Americans with Disabilities Act when evaluating reunification services.
- Addresses situations where parental rights have been involuntarily terminated.
- Clarifies the court's role in determining whether removal is necessary and appropriate.
Who is affected
- Child Protective Services Agencies
- Mental Health Providers
- Juveniles
- Parents Involved in Abuse/Neglect Cases
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