West Virginia Code § 49-4-405

Multidisciplinary treatment planning process involving child abuse and
Open in Lexace · Ask the AI about this section
neglect; team membership; duties; reports; admissions.
(a) Within 30 days of the initiation of a judicial proceeding pursuant to part six of this article,
the department shall convene a multidisciplinary treatment team to assess, plan, and
implement a comprehensive, individualized service plan for children who are victims of
abuse or neglect and their families. The multidisciplinary team shall obtain eand utilize any
assessments for the children or the adult respondents that it deems necessary to assist in
the development of that plan. r
(b) In a case initiated pursuant to part six of this article, the treautment team consists of:
(1) The child or family's case manager in the department;
(2) The adult respondent or respondents; a
(3) The child's parent or parents, guardians, any colpetitioners, custodial relatives of the
child, foster or preadoptive parents;
(4) Any attorney representing an adult respondent or other member of the treatment team;
(5) The child's counsel or the guardian ad litem;
(6) The prosecuting attorney oer his or her designee;
(7) A member of a child Ladvocacy center when the child has been processed through the
child advocacy center program or programs or it is otherwise appropriate that a member of
the child advocacy center participate;
(8) Any court-appointed special advocate assigned to a case;
(9) WAny other person entitled to notice and the right to be heard;
(10) An appropriate school official;
(11) A parent resource navigator;
(12) The managed care case coordinator; and
(13) Any other person or agency representative who may assist in providing
recommendations for the particular needs of the child and family, including domestic
violence service providers.
The child may participate in multidisciplinary treatment team meetings if the child's
participation is deemed appropriate by the multidisciplinary treatment team. Unless
otherwise ordered by the court, a party whose parental rights have been terminated and his
or her attorney may not be given notice of a multidisciplinary treatment team meeting and
do not have the right to participate in any treatment team meeting.
(c) 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 fosteer care homes,
facilities, 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 interesrts 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.
(d) The multidisciplinary treatment team shall submit writtetn reports to the court as
required by the rules governing this type of proceeding or by the court and shall meet as
often as deemed necessary but at least every three months until the case is dismissed from
the docket of the court. The multidisciplinary treatment team shall be available for status
conferences and hearings as required by the court.
(e) If a respondent or copetitioner admits the underlying allegations of child abuse or
neglect, or both abuse and neglect, in the multidisciplinary treatment planning process, his
or her statements may not be used ign any subsequent criminal proceeding against him or
her, except for perjury or false swearing.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.