West Virginia Code § 9-6-2

Adult protective services; immunity from civil liability; rules; organization
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and duties.
(a) There is continued within the Department of Human Services the system of adult
protective services.
(b) The secretary shall propose rules for legislative approval in accordance with the
provisions of §29A-3-1 et seq. of this code regarding the organization and duties of the adult
protective services system and the procedures to be used by the department to effectuate
the purposes of this article. The rules may be amended and supplemented from time to time.
(c) The secretary shall design and arrange such rules to attain, or move toward the
attainment of, the following goals to the extent that the secretary believes feasible under the
provisions of this article within the state appropriations and other funds available:
(1) Assisting vulnerable adults who are abused, neglected, or financially exploited in
achieving or maintaining self-sufficiency and self-sulpport and preventing, reducing, and
eliminating their dependency on the state; s
(2) Preventing, reducing, and eliminating nieglect, financial exploitation, and abuse of adults
who are unable to protect their own interests;
(3) Preventing and reducing institutional care of adults by providing less intensive forms of
care, preferably in the home;
(4) Referring and admitting abused, neglected, or financially exploited vulnerable adults to
institutional care only where other available services are inappropriate;
(5) Providing services and monitoring to adults in institutions designed to assist adults in
returning to community settings;
(6) WPreventing, reducing, and eliminating the exploitation of vulnerable adults and facility
residents through the joint efforts of the various agencies, the adult protective services
system, the state and regional long-term care ombudsmen, administrators of nursing homes
or other residential facilities, and county prosecutors;
(7) Preventing, reducing, and eliminating abuse, neglect, and financial exploitation of
residents in nursing homes or facilities; and
(8) Coordinating investigation activities for complaints of financial exploitation, abuse, and
neglect of vulnerable adults and facility residents among various agencies, the adult
protective services system, the state and regional long-term care ombudsmen,
administrators of nursing homes or other residential facilities, county prosecutors, if
necessary, and other state or federal agencies or officials, as appropriate.
(d) An adult protective services caseworker may not be held personally liable for any
professional decision or action arrived at in the performance of his or her official duties as
set forth in this section or agency rules promulgated: Provided, That nothing in this
subsection protects any adult protective services worker from any liability arising from the
operation of a motor vehicle or for any loss caused by willful and wanton misconduct or
intentional misconduct.
(e) The rules proposed by the secretary shall provide for the means by whiche the department
shall cooperate with federal, state, and other agencies to fulfill the objectives of the system
of adult protective services. r

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