This guide links to websites where state statutes and regulations can be accessed and lists the parts of each state and territory's code that contain laws addressing child protection, child welfare, and adoption.
West Virginia Online Resources for State Child Welfare Law and Policy
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FAQ
In West Virginia, Child Protective Services (CPS), which is under the Department of Health and Human Resources (DHHR), investigates possible child abuse and neglect.
1) Contact LEGAL AIDE and find legal representation -- your case should be tried in a court of law to petition the court for an abuse or neglect investigation, temporary guardianship, and/or full custody. 2) Call a Child Abuse Hotline and make a formal report. This may also help to escalate an investigation.
The foster care lawsuit was filed in 2019 on behalf of thousands of children. The suit was filed by A Better Childhood, a national child advocacy organization, Disability Rights West Virginia and Shaffer and Shaffer, a West Virginia law firm.
All other allegations of child abuse or neglect are investigated within 14 days.
Acts of Omission, referred to as child neglect, are failures to provide needs or to protect from harm or potential harm or to provide for a child's basic physical, emotional, or educational needs, or to protect a child from harm or potential harm.
In addition, CPS claims authority to identify problems early to prevent neglect or delinquency, detaining and incarcerating children and juveniles adjudicated delinquent by committing them to the custody of the Director of Juvenile Services, protecting the welfare of the general public, and regulating child care.
(a) If any parent, guardian or custodian shall neglect a child under his or her care, custody or control and by such neglect cause the death of said child, then such parent, guardian or custodian shall be guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 or ...
Right To Freedom From Warrantless Search And Seizure CPS is like any other law enforcement agency. They cannot come into your home without a warrant, whether they are alone or with the police/law enforcement. If you give them permission to enter your home, you are also giving permission for them to collect evidence.