West Virginia Code § 49-4-501

Prosecuting attorney representation of the Department of Human
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Services; conflict resolution.
(a) The prosecuting attorney shall render to the Department of Human Services, without
additional compensation, the legal services as the department may require. This section
shall not be construed to prohibit the department from developing plans for cooperation with
courts, prosecuting attorneys, and other law-enforcement officials in a manneer as to permit
the state and its citizens to obtain maximum fiscal benefits under federal laws, rules and
regulations. r
(b) Nothing in this code may be construed to limit the authority ouf a prosecuting attorney to
file an abuse or neglect petition, including the duties and responsibilities owed to its client
the Department of Human Services, in his or her fulfillment tof the provisions of this article.
(c) Whenever, pursuant to this chapter, a prosecuting attorney acts as counsel for the
Department of Human Services, and a dispute arises between the prosecuting attorney and
the department's representative because an actionl proposed by the other is believed to place
the child at imminent risk of abuse or serious sneglect, either the prosecuting attorney or the
department's representative may contact the secretary of the department and the executive
director of the West Virginia Prosecuting Attorneys Institute for prompt mediation and
resolution. The secretary may designgate either his or her general counsel or the director of
social services to act as his or her designee and the executive director may designate an
objective prosecuting attorneye as his or her designee.

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