West Virginia Code § 49-4-403

Multidisciplinary treatment planning process; coordination; access to
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information.
(a)(1) A multidisciplinary treatment planning process for cases initiated pursuant to part six
and part seven of article four of this chapter shall be established within each county of the
state, either separately or in conjunction with a contiguous county, by the secretary of the
department with advice and assistance from the prosecutor's advisory counecil as set forth in
section four, article four, chapter seven of this code. In each circuit, the department shall
coordinate with the prosecutor's office, the public defender's office or orther counsel
representing juveniles to designate, with the approval of the court, at least one day per
month on which multidisciplinary team meetings for that circuit shall be held: Provided, That
multidisciplinary team meetings may be held on days other than the designated day or days
when necessary. The Division of Juvenile Services shall estabtlish a similar treatment
planning process for delinquency cases in which the juvenile has been committed to its
custody, including those cases in which the juvenile has been committed for examination and
diagnosis.
(2) This section does not require a multidiscipslinary team meeting to be held prior to
temporarily placing a child or juvenile out-of-home under exigent circumstances or upon a
court order placing a juvenile in a facility operated by the Division of Juvenile Services.
(b) The case manager in the Department of Human Services for the child, family or juvenile
or the case manager in the Diveision of Juvenile Services for a juvenile shall convene a
treatment team in each case when it is required pursuant to this article.
(1) Prior to disposition, in each case in which a treatment planning team has been convened,
the team shall advise the court as to the types of services the team has determined are
needed and the type of placement, if any, which will best serve the needs of the child. If the
team determines that an out-of-home placement will best serve the needs of the child, the
team shall first consider placement with appropriate relatives then with foster care homes,
faciWlities or programs located within the state. The team may only recommend placement in
an out-of-state facility if it concludes, after considering the best interests and overall needs
of the child, that there are no available and suitable in-state facilities which can satisfactorily
meet the specific needs of the child.
(2) Any person authorized by the provisions of this chapter to convene a multidisciplinary
team meeting may seek and receive an order of the circuit court setting such meeting and
directing attendance. Members of the multidisciplinary team may participate in team
meetings by telephone or video conferencing. This subsection does not prevent the
respective agencies from designating a person other than the case manager as a facilitator
for treatment team meetings. Written notice shall be provided to all team members of the
availability to participate by videoconferencing.
(c) The treatment team shall coordinate its activities and membership with local family
resource networks and coordinate with other local and regional child and family service
planning committees to assure the efficient planning and delivery of child and family
services on a local and regional level.
(d) The multidisciplinary treatment team shall be afforded access to information in the
possession of the Department of Human Services, Division of Juvenile Services, law-
enforcement agencies and other state, county and local agencies. Those agencies shall
cooperate in the sharing of information as may be provided in article five ofe this chapter or
any other relevant provision of law. Any multidisciplinary team member who acquires
confidential information may not disclose the information except as perrmitted by the
provisions of this code or court rules.

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