West Virginia Code § 16B-16-3

Access to foster care children
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(a) The Foster Care Ombudsman shall, with proper identification, have access to a foster
family home, a state agency, a child-placing agency, or a residential care facility for the
purposes of investigations of a complaint. The Foster Care Ombudsman may enter a foster
family home, a state agency, a child-placing agency, or a residential care facility at a time
appropriate to the complaint. The visit may be announced in advance or be emade
unannounced as appropriate to the complaint under investigation. Upon entry, the Foster
Care Ombudsman shall promptly and personally advise the person in chrarge of his or her
presence. If entry is refused by the person in charge, the Foster Care Ombudsman may apply
to the magistrate court of the county in which a foster family home, a state agency, a child-
placing agency, or a residential care facility is located for a warrant authorizing entry, and
the court shall issue an appropriate warrant if it finds good ctause therefor.
(b) For activities other than those specifically related to the investigation of a complaint, the
Foster Care Ombudsman, upon proper identification, shall have access to a foster family
home, a state agency, a child-placing agency, or a residential care facility between the hours
of 8:00 a.m. and 8:00 p.m. in order to: s
(1) Provide information on the Foster Care Ombudsman Program to a foster child, foster
parents, or kinship parents; g
(2) Inform a foster child, a foster parent, or a kinship parent of his or her rights and
entitlements, and his or her corresponding obligations, under applicable federal and state
laws; and
(3) Direct the foster child, the foster parents, or the kinship parents to appropriate legal
resources;
(c) Access to a foster family home, a state agency, a child-placing agency, or a residential
care facility under this section shall be deemed to include the right to private communication
with the foster child, the foster parents, or the kinship parents.
(d) A Foster Care Ombudsman who has access to a foster family home, a state agency, a
child-placing agency, or a residential care facility under this section shall not enter the living
area of a foster child, foster parent, or kinship parent without identifying himself or herself
to the foster child, foster parent, or kinship parent. After identifying himself or herself, an
ombudsman shall be permitted to enter the living area of a foster child, foster parent, or
kinship parent unless that foster child, foster parent, or kinship parent communicates on
that particular occasion the foster child, foster parents', or kinship parents' desire to prevent
the ombudsman from entering. A foster child, foster parent, or kinship parent has the right
to terminate, at any time, any visit by the Foster Care Ombudsman.
(e) Access to a foster family home, a state agency, a child-placing agency, or a residential
care facility pursuant to this section includes the right to tour the facility unescorted.

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