SB 527
Creating process of obtaining and adjudicating pre-adjudicatory alternative disposition
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill aims to establish a process for obtaining and adjudicating a ‘pre-adjudicatory alternative disposition’ in West Virginia. Specifically, it modifies existing laws related to guardianship, child welfare, and abuse/neglect proceedings. The bill seeks to allow for a relative placement of a child in need of protection, bypassing a formal finding of abuse or neglect, and potentially leading to a guardianship order. It outlines procedures for motions, court reviews, and the involvement of the Department of Human Services and a guardian ad litem.
Key provisions
- Creates a process for seeking a ‘pre-adjudicatory alternative disposition’ for children in need of protection.
- Allows a parent to petition for a relative placement instead of a formal finding of abuse or neglect.
- Requires consent from all adults with parental rights and the Department of Human Services for the disposition.
- Establishes timelines for motion filing, court review, and report submission.
- Defines key terms like ‘eligible client,’ ‘eligible proceeding,’ and ‘public defender.’
- Specifies requirements for the court to consider the best interests of the child when determining the disposition.
- Outlines procedures for sealing records related to substantiated abuse and neglect cases.
Who is affected
- Parents of children involved in child welfare proceedings
- Children involved in child welfare proceedings
- Guardians ad litem
- The Department of Human Services
- Public defenders and the public defender corporation
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