West Virginia Child Protective Services (CPS)

What Families Need to Know

What Is CPS?

Child Protective Services (CPS) is the state government agency that concerns and empowers itself with investigating allegations and reports of child abuse and neglect. Their stated mission has been to assure that children are protected. Despite that mission, CPS policies and practices themselves have, at times, caused harm to children. Because we want what is truly in the best interest of our most vulnerable, Isner Law Office has provided information we hope will be useful to all loving parents and families that find themselves wrongfully in the crosshairs of West Virginia CPS.

Who Does CPS Focus On?

Through the Department of Health and Human Resources, CPS authorizes itself to handle the care and support of children it considers to be handicapped by:

-Dependency
-Neglect
-Single Parent Status
-Mental or Physical Disability
-Commitment of Court, County DHHR Office, or Law Enforcement
-Temporary or Permanently Abandoned by a Parent, Guardian, Custodian, or Relative
-Otherwise in Need of Public Service

CPS Powers In West Virginia

The Department of Health and Human Resources considers itself legally required to provide Child Protective Services. Under Chapter 49 of the Code of West Virginia, it is empowered by law to do so. CPS takes it upon itself to enforce many powers over children, parents, families, and the general public including:

-Investigating all reports of child abuse and neglect

-Maintaining a CPS office in every county

-Acting in an “emergency capacity” 24-hours a day, seven days a week

-Responding to all allegations of serious physical abuse or imminent danger to a child’s physical well-being

-Interviewing children face-to-face

-Developing and implementing plans it determines necessary for the health and safety of children

-Providing, directing or coordinating the delivery of services to any child suspected or known to be abused or neglected, as well as that child’s family and caregivers

-Choosing at will whether or not to invoke police powers, law enforcement, and the court system to enforce its goals

-Submitting written opinions to the court system

-Initiating legal proceedings against parents and other accused individuals

-Removing infants and children from their homes

-Placing infants and children into foster homes and state institutions

-Placing infants and children with adoptive families

-Maintaining lists and reports concerning children, families, and those accused and determined to be guilty of abuse or neglect, and sharing this information within all DHHR offices

-Acting to identify problems early to prevent neglect or delinquency

-Detaining and incarcerating children and juveniles adjudicated delinquent by committing to the custody of the Director of Juvenile Services

-Protecting the welfare of the general public

-Regulating child care

-Serving subpoenas

Qualified Immunity

CPS has empowered itself to be immune from all civil liability. This means that they cannot be held legally responsible for the actions of their employees.

Compulsory Compliance

All state agencies, including departments, boards, bureaus, political subdivisions, and those providing services under the local CPS plan are required to provide any assistance and information requested by CPS.

Restrictions On CPS Powers

CPS holds broad and sweeping powers over children and families. CPS places few restrictions on itself. The restrictions CPS does place on itself include:

-Investigating CPS staff should under no circumstance be related to the child, family, or the accused.

-CPS services shall prevent further abuse or neglect of children.

-Services must be provided in the least restrictive settings consistent with the needs and potentials of the child and family.

-The fundamental rights of children and parents must be recognized.

-The CPS Secretary or designee may under no circumstances restrict the scope or type of abuse or neglect allegations to be investigated, or services provided.

When Does CPS Get Involved?

Why Is CPS at My Door?

There are many actions that will cause CPS to involve itself in the private lives of families in West Virginia. These include many types of voluntary reports of abuse or neglect from individuals, mandatory reports from school staff, doctors, and others made directly to DHHR, requests from courts, law enforcement, and other agents of the government. Regardless of the source, whether the reporter means well or not, and regardless of whether or not the allegation has any basis in reality when CPS receives a report you can bet that they WILL show up.

Voluntary Reporters of Child Abuse & Neglect

Anyone can make a voluntary, anonymous report of child abuse or neglect without fear of repercussion. These may come from family members, neighbors, and other individuals, healthcare, religious, and educational facilities, government agencies of all types, private social service agencies, athletic and social organizations, non-profit groups, and many others.

The Campaign to Protect the Children

Many well-meaning entities that receive government funding continuously and actively advertise and encourage people to make reports of child abuse and neglect. While we certainly all want the best for our most vulnerable community members, this campaign at times results in parents being reported vindictively or for acts that the reporter simply does not understand. This may be due to cultural, religious, or other personal differences that do not rise to the level of child abuse.

Through government-distributed posters, flyers, radio, TV, and internet advertisements, billboards, and intense marketing campaigns, the public is made to feel it is their duty to involve themselves in the lives of others in the interest of protecting the children. These include phone hotlines and websites maintained by local, state, and federal government agencies and their partners, and other propaganda points such as:

National Child Abuse Hotline [1-800-422-4453]

The WVDHHR Report Abuse or Neglect Website [https://www.wvdhhr.org]

A 24/7 Abuse and Neglect Hotline [1-800-352-6513]

The Child Safety Council

The Bureau for Children and Families

Centralized Intake for Abuse and Neglect

National Center for Missing and Exploited Children

WV Center for Children’s Justice [http://www.handlewithcarewv.org/reporting-child-abuse.php]

County Assistance Offices

Through its many services and programs, DHHR concerns itself with investigating, monitoring, regulating, and controlling the people of West Virginia by operating dozens of entities that also participate in this campaign.

What Is a Mandatory Reporter?

In addition to the voluntary methods of invoking CPS interference listed above, the law requires certain individuals to make reports of known or suspected child abuse or neglect. These individuals are referred to as “Mandatory Reporters.”

Who is a Mandatory Reporter?

Under WV Code §49-2-803, the law specifies exactly who is a Mandatory Reporter of child abuse or neglect. With the exception of child sexual abuse (see below), these include all:

Medical Professionals

Dental Professionals

Health Professionals

Christian Science Practitioners

Religious healers

School teachers

School Personnel

Social Service Workers

Child Care Workers

Foster Care Workers

Emergency Medical Services Personnel

Peace Officers

Law-Enforcement Officials

Humane Officers

Members of The Clergy

Circuit Court Judges

Family Court Judges

Employees of The Division of Juvenile Services

Magistrates

Youth Camp Administrators

Counselors

Employees of Any Entity That Provides Organized Activities for Children

Coaches of Any Entity That Provides Organized Activities for Children

Volunteers of Any Entity That Provides Organized Activities for Children

Commercial Film Processors

Photographic Print Processors

Who is a Mandatory Reporter for Child Sexual Abuse?

All individuals aged 18 and above are Mandatory Reporters of observed or suspected sexual abuse.

Who Oversees State Guidelines for Mandatory Reporting?

Under the Federal Child Abuse Prevention and Treatment Act (CAPTA), all states must require specific mandatory reporting procedures for child abuse. Each state DHHR is overseen by the federal Department of Health and Human Resources.

How Long Do Mandatory Reporters Have to Report Child Abuse?

Mandated Reporters must make a report immediately. This is defined as within 24 hours of observing known or suspected child abuse or neglect or observing a child being subjected to conditions likely to result in abuse or neglect.

Sexual Abuse

Mandated Reporters of suspected or observed sexual abuse are required to make a report to law enforcement or DHHS within 48 hours.

What Is the Penalty for Failure to Report?

Under West Virginia law, a Mandatory Reporter who knowingly fails to report a case involving a child known or suspected to be abused or neglected, or who is required to forward a copy of a report of serious injury under Section 809, or who knowingly prevents another person acting reasonably from doing so, is guilty of a misdemeanor. Conviction is punishable by up to 90 days in jail and/or a fine of up to $5,000, as indicated in WV Code §49-2-812. Under federal law, additional penalties may also apply.

Are Reporters of Child Abuse Protected?

Under WV Code §49-2-810, all people who report child abuse or neglect (in good faith) are immune from civil and criminal liability.

To Report or Not to Report

It is easy for most to decide to make a report when there is a clear cut case of abuse. However, the state’s laws strongly encourage people to report situations that may or may not actually have any basis in reality if there could be any possible way it could be considered child abuse or neglect. This is the decision:

90 days in jail and a $5,000 fine for failing to make a report.

versus

Zero civil and criminal liability for making a report.

Which would you choose?

When Does CPS Ask Mandatory Reporters to Get Involved?

In West Virginia, Mandatory Reporters are instructed to intervene when there is reasonable cause to suspect that a child is abused or neglected, in families of a child known or suspected to be abused or neglected, or when it is observed that a child is subjected to conditions likely to result in abuse or neglect. These include families in the CPS “Target Population,” which may or may not indicate child abuse or neglect. No harm is required, just the threat or possibility of harm (which is fairly broad). These focus on actual, attempted, or likely:

-Abandonment

-Threats to Health or Welfare

-Physical Injury

-Emotional Injury

-Mental Injury

-Sexual Abuse or Exploitation

-Actual or Attempted Sale of a Child or Human Trafficking

-Domestic Violence

-Child Conceived From Sexual Assault

-Nutritional Deprivation

-Inadequate Treatment of Serious Illness or Disease

-Abuse of Alcohol, Drugs, or Controlled Substance to a Degree Posing Imminent Risk

-Refusal, Failure, or Inability to Provide Food, Clothing, Shelter, Supervision, Medical Care, or Education (Except When Primarily Due to Lack of Financial Means)

-Sexual Misconduct, Contact, Assault, Intercourse, Intrusion, Display, or Coercion

-Any Other Condition Threatening Health, Life, or Safety of a Child

What Information Is Collected From Child Abuse Reporters?

When a report is received and taken from a person reporting child abuse or neglect, information which includes the following is collected:

-Demographic information of the victim(s) and household members

-Description of the suspected abuse or neglect

-Current location of the victim and caregivers

-Information about the presence of protective caregivers

-Information about the perpetrator’s access to the victim

-Description of the general functioning of victim and caregivers

-Potential safety threats in the home/family to first responders such as domestic violence, weapons, vicious animals, dangerous people, etc.

Regardless of the accuracy of information provided by the individual making the report, it is entered into a report accessible by all entities within the vast federal Department of Human Services database.

What Happens When CPS Gets Involved?

Notification by Report

When notified of suspected child abuse or neglect by a mandatory reporter or any other party, CPS considers its duty to empower itself to take any action it deems necessary to protect the child. No matter the source, all reports alleging child abuse are funneled to a central repository of information. In West Virginia, this is the Centralized Intake for Abuse and Neglect.

Main CPS Powers

CPS maintains an office in every county to investigate all reports received related to child abuse and neglect. They are authorized to act in an “emergency capacity” 24-hours a day, seven days a week. This includes locating and interviewing children face-to-face, developing and implementing any plan it determines necessary for the health and safety of children, choosing whether or not to invoke police powers, law enforcement, the court system, and others to enforce its goals, submitting written opinions to the court system, initiating legal proceedings against parents and other accused individuals, removing infants and children from their homes, placing infants and children into foster homes and state institutions, placing infants and children with adoptive families, maintaining lists and reports concerning children, families, and those accused, determining the guilt of child abuse and child neglect and sharing this information within all DHHR offices.

Other CPS Powers

In addition, CPS claims authority to identify problems early to prevent neglect or delinquency, detaining and incarcerating children and juveniles adjudicated delinquent by committing them to the custody of the Director of Juvenile Services, protecting the welfare of the general public, and regulating child care.

Are CPS Workers Immune From Prosecution?

According to WV DHHR, no CPS caseworker may be held personally liable for their decisions or actions under their professional duties, with the exception of liabilities related to motor vehicle operation or for any loss caused by gross negligence, willful and wanton misconduct or intentional misconduct.

Where Can I Get Help If CPS Has Taken a Child From My Home?

If you are a parent, grandparent, guardian, custodian, or caretaker of a child who has been taken from your West Virginia home by CPS, contact a qualified family law attorney. Isner Law Office can answer your questions, provide legal counsel, and represent you in a court of law. Our child abuse attorneys handle CPS cases throughout all of West Virginia.

Where Can I Get Help If I’m Being Charging With Child Abuse?

If you have been charged with child abuse, child neglect, child endangerment, or related charges in criminal court, contact a qualified child abuse criminal defense attorney. Isner Law Office can answer your questions, provide legal counsel, and represent you in a court of law. Child abuse charges are serious. Our attorneys handle CPS child abuse cases throughout all of West Virginia.

References

Legal Resources and Government Policy

Interested parties should be familiar with:

West Virginia CPS Policy

West Virginia Foster Care Policy

West Virginia Adoption Policy

WV Chapters 48 and 49 of the Code of West Virginia

(Court) Rules of Procedure for Child Abuse and Neglect Proceedings

Rules of Practice and Procedure for Domestic Violence Proceedings

Rules of Practice and Procedure for Family Court

Your Rights When Dealing With CPS

Learn more about parent and grandparent rights when confronted by CPS in West Virginia:

Parental Rights When CPS Gets Involved

Grandparent Rights When CPS Gets Involved

Contact Isner Law Office

CPS Attorneys Serving All of West Virginia

Isner Law Office offers professional legal guidance and representation you can trust. We can help protect your rights when accused of child abuse, child neglect, child endangerment, and related allegations in West Virginia. Contact Isner Law Office today to schedule a consultation. We can answer all of your questions and help you get started. Call Isner Law Office at (304) 636-7681.