Rewriting history
Reforming the Entire System: A Comprehensive Overhaul
We are revamping the entire system, addressing everything from daily agency operations to case processing procedures.
Some positions will be eliminated, but affected workers will be given ample time to seek new employment within the state or government.
Each employee will have the opportunity to collaborate with Human Resources to find a role that matches their skill set. If they qualify for a new position, they will be transferred without a hiring process.
Employees under suspension will have their pay and benefits adjusted according to the compensation they will receive pending an investigation. They must wait for the investigation's outcome. If found not guilty, they will also have the chance to work with Human Resources.
If an employee is suspended and their new position has already started, they may remain in that role during the investigation, provided it does not fall into prohibited categories, such as DHHR worker, CPS worker, APS worker, youth service worker, Lawyer, Judge, Magistrate, GAL, caseworker, or any job involving children, families, and the court system.
Effective [date], no cases will be referred to DHHR CPS, DHHR APS, or DHHR youth services; they will instead be directed to a new unit designated for these matters. A dedicated unit will manage existing cases while another will handle new cases. A Commanding Officer at the Capitol will work closely with legislation to oversee all old cases, and each county will appoint a Chief Officer along with other officers based on local needs. All officers will supervise case workers, assigning cases according to their type. Any case workers or officers found mishandling cases will face suspension with partial pay, and their benefits will be adjusted accordingly while investigations take place.
The structure of this division will be as follows:
The Director will oversee the entire division.
The Assistant Director will track the status of all cases.
The Commanding Officer will manage policies and procedures across all counties.
The Chief Officer will ensure that all officers and case workers adhere to policies and procedures.
Officers will investigate cases, assign them to appropriate case workers, and guide them on how to proceed.
Case workers will handle CPS, APS, and youth services without making independent decisions, merely following directives.
All individuals will undergo a thorough interview process, including psychological evaluations, to ensure they are mentally equipped to prioritize the well-being of families before assuming caseworker roles. New hires will have annual or as-needed evaluations to maintain the right mindset for overseeing cases, with similar guidelines applying to officers, excluding physical and weapons tests.
Before becoming a GAL, individuals will go through the same vetting process as case workers.
All officers will adhere to the same protocols established for their roles.
The unit managing old cases will investigate complaints brought by parties involved. An investigator will present findings to the Commanding Officer, who will determine how to proceed. Cases will be reviewed by a panel designated for their type or classified as criminal. Any parties suspected of misconduct will face suspension with adjusted pay pending investigation. If found guilty, they will be barred from roles such as DHHR worker, CPS worker, APS worker, youth service worker, Lawyer, Judge, Magistrate, GAL, case worker, or any related job involving children, families, and the court system. They will lose titles and licenses, and criminal charges will be filed if necessary.
Cases currently in court or with CPS workers will transition to the new unit, with closed cases from 2018 to now potentially treated as new cases based on the effective date of this bill. Old cases not meeting these criteria will go to the unit for old cases.
Hearing Procedures:
Each county must have a panel comprising a Lawyer or Legislator, based on demand.
A panel will consist of Lawyers or Legislators and two individuals with relevant backgrounds to assist with cases. Decisions will require at least two members to agree for a final ruling.
The panel will maintain a bipartisan approach concerning CPS, courts, and related matters. Higher-profile cases will be reviewed by a state-level Federal court to determine potential criminal charges.
Individuals overseeing these cases will be state employees, benefiting from full-time employment and state benefits, with pay aligned with average judges’ compensation in higher courts.
If a judge on the panel identifies noncompliance with new laws, they can bring this to the attention of other panel members, potentially leading to reassignment if two members concur.
A court date will be established based on findings.
All hearings will be conducted before the designated panel.
Guidelines for Old Cases:
Families must adhere to specific criteria to participate in this process.
All hearing decisions will be final, with no appeals permitted.
Cases will be prioritized based on urgency, with the most recent cases reviewed first.
Cases older than ten years will only be eligible for expungement, following all court-established expungement procedures.
Cases nine years or newer will be treated as new cases, with investigators interviewing all parties involved and presenting findings to legislators.
Previous court rulings will be overturned, and new decisions will be issued.
Children involved will be returned to biological parents based on the separation duration. If children do not remember their parents, reunification will occur only when they feel comfortable. In cases where children have bonded with adoptive families, visitation will be arranged, with biological parents retaining decision-making authority regarding schooling, medical care, and travel for visits. Adoptive parents cannot exert influence over biological parents, and visits will gradually decrease over time, unless continued contact is necessary.
Families will have access to all resources related to CPS and the courts. No doctors, lawyers, GALs, Prosecutors, or other parties will be involved in the second handling of these cases.
All new court proceedings will follow the established guidelines.
Cases not yet in court or currently under judicial consideration will proceed under the new bill's effective date. The child's pediatrician's opinion will significantly influence the case direction and whether it proceeds at all.
Claims of medical neglect must originate from the child’s pediatrician. ER doctors or any other doctor whom the child has not seen for a long period of time must report to the child's treating pediatrician before calling CPS. Then CPS must speak and have a signed statement from the child's pediatrician that it is in the child's best interest to be removed from the parents custody. CPS cannot rely on doctors they typically work with to substantiate claims of medical neglect. Nor can they pick the doctors they want the child to go to. The treating pediatrician will refer the child to a doctor of their choosing and work with that dr on the child's care.
Claims of neglect should be reported via the local non-emergency number, with the caller providing their name, contact information, and address. For emergencies, 911 should be used.
Investigating officers will obtain signed witness statements from claimants and others they interview. Any allegations of abuse will require testimony in court, with false claims subject to West Virginia Code 61-6-20.
False claims will be addressed with accountability measures.
In cases involving drug allegations, a drug dog will accompany the investigating officer, and if drug presence is suspected, a search warrant under West Virginia Code 62-1A will be sought. If drugs are found, the case will be treated as a criminal matter.
Two types of cases will emerge: those managed within the designated panel and those involving criminal activity, which will be handled as criminal cases under West Virginia Code 62-3-2.
The removal of a child will only occur under a warrant issued in accordance with West Virginia Code 62-1A, based on evidence of imminent danger or criminal conduct.
Families in need of assistance will be assigned court dates and provided with resources. At court, the panel will follow up with the case worker and investigating officer, with case workers conducting regular check-ins based on case needs.
GALs will only engage with children when necessary, fostering relationships with all family members, including biological parents. They will monitor child welfare in foster care situations and will not make custody determinations. Their reports will focus on the child's well-being.
The court will no longer appoint evaluations; this responsibility will fall to the individual’s treating physician or lawyer. Court records will not be shared with psychologists, who will only know that an evaluation is required without details of the individual's status.
When a parent is found not guilty or there were false allegations made these cases will be expunged under West Virginia code 61-11-25.
Conflicts of interest must be avoided, with West Virginia Code 6B-2-5 adhered to. Family or friends involved in a case will be prohibited from participating, and reassignment will occur as needed.
Any cases going through family court will have to adhere to all the guidelines except for the panel. These cases will still be heard in family court where the investigating officer will work with relaying all the necessary information to the judge. In the matter where the officer believes there are directions being made that are not in the best interest of the child they will bring this to the attention of the review panel to investigate. Any investigation will still fall under the same guidelines stated in lines 49-56.
A child being returned back to the biological family will be a case by case decision and the child's best interest will always be healed to the highest regards. With the end goal being reunification with the child's biological family.
Workers and their families will not be allowed to foster children within the state’s foster care system unless the child has been in the system with no pending case and the appeal period has expired. The only way a worker of this division can foster or adopt a child is when there is no other family for the child to be placed with and the case must be completed.
These changes will allow for a one-year adjustment period to organize new jobs and placements. A follow-up will occur two weeks before the next session, with updates presented during that session. Further more reunification will always be the goal and if that may not be possible kinship will be the next step. Foster care will only be used as the last resort.
