SB 541
Relating to circuit court's responsibilities in juvenile abuse and neglect proceedings
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill aims to clarify the responsibilities of West Virginia circuit courts in juvenile abuse and neglect cases. Specifically, it requires the court to make certain designated findings of fact and conclusions of law regarding whether a child is abused or neglected and the respondent’s actions. The bill also outlines procedures for temporary custody, notice to parents and other parties, and the role of a guardian ad litem, ensuring due process and protecting the child’s rights throughout the legal process.
Key provisions
- Requires circuit courts to make specific findings of fact and conclusions of law in juvenile abuse and neglect orders.
- Defines procedures for serving notices to parents and other relevant parties, including provisions for certified mail and publication if personal service is not possible.
- Mandates the appointment of a guardian ad litem to represent the child and other parties involved in the proceedings.
- Establishes requirements for continuing legal education for attorneys representing parties in juvenile abuse and neglect cases.
- Outlines criteria for granting improvement periods, including factors such as the respondent’s willingness to participate and the child’s needs.
- Specifies the court’s role in determining whether to terminate parental rights.
- Addresses out-of-state placements and requires court approval for such placements.
- Requires the department to prepare and submit a family case plan to the court.
Who is affected
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