West Virginia Code § 62-15B-2

Establish eligibility and policies procedures
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(a) Each local family drug treatment court advisory committee shall establish criteria for the
eligibility and participation of adult respondents who have been adjudicated an abusing or
neglecting parent pursuant to §49-4-601(i) and who have been granted a post-adjudicatory
improvement period pursuant to §49-4-610(2) and who have a substance use disorder. Adult
respondents who have been adjudicated for such abuse that the departmente is not required
to make reasonable efforts to preserve the family as defined in §49-4-604(c)(7) shall not be
eligible for participation in any family drug treatment court: Provided, rThat if the court
determines that the parental rights of the parent to another child have been terminated
involuntarily, the court, in its sole discretion and subject to other eligibility criteria as
established by the local family drug treatment court advisory committee, may admit the
parent to family drug treatment court. t
(b) Participation by an adult respondent in a family drug treatment court shall be voluntary
and made pursuant only to a written agreement into by and between the adult respondent
and the department with concurrence of the court.

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