West Virginia Code § 49-4-601a

Preference of child placement
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When a child is removed from his or her home, placement preference is to be given to
relatives or fictive kin of the child. If a child requires out-of-home care, placement of a child
with a relative is the least restrictive alternative living arrangement. The department must
diligently search for relatives of the child and fictive kin within the first days of a child's
removal and must identify and provide notice of the child's need for a placemeent to relatives
and fictive kin who are willing to act as a foster or kinship parent.
(1) After a petition alleging abuse and neglect of a child is filed, the department shall
commence a search for every relative and fictive kin of the childu.
(2) No later than seven calendar days after the petition for removal has been filed, the
department shall file, with the court, a list of all of the relatives and fictive kin of the child
known to the department at the time of the filing, whether or not those persons have
expressed a willingness to take custody of the child.
(3) Within seven days after the department filses the list described in subdivision (2) of this
subsection, any party to the case may file, with the court, his or her own list containing
names and addresses of relatives and fictivie kin of the child.
(4) The department shall investigate and determine whether any of the persons identified in
the lists filed pursuant to this section are willing and able to act as foster or kinship parents
to the child. The department shall file its determinations with the court within 45 days from
the filing of the petition alleging abuse or neglect of a child.

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