West Virginia Code of State Rules
Agency 149 - Crime, Delinquency And Correction
Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION
Series 149-08 - Protocol for Law Enforcement Response to Child Abuse and Neglect
Section 149-8-3 - Definitions

3.1. "Abandoned" means to be without supervision or shelter for any unreasonable period of time in light of the child's age and the ability to care for him/herself in circumstances presenting an immediate threat of serious harm to such child (W.V. Code § 49-6-9(g)(1)).

3.2. "Child" means any person under eighteen years of age not otherwise emancipated by law (W.V. Code § 61-8D-1(2) ).

3.3. "Child abuse" and/or "Child neglect" may be defined as either criminal behavior and/or behavior violating the civil code. Criminal violations can be found in Chapter 61 and civil violations found in Chapter 49.

3.4. "Child abuse and neglect services" or "CPS" means social services which are defined in W. Va.. Code § 49-1-3.

3.5. "Child Advocacy Center" (CAC) means a community-based organization that is a member in good-standing with the West Virginia Child Abuse Network, Inc., and is working to implement the program components as defined in W.V. Code § 49-1-3.

3.6. "County" means any one of the fifty-five major political subdivisions of the state.

3.7. "Custodian" means a person over the age of fourteen years who has or shares actual physical possession or care and custody of a child on a full-time or temporary basis, regardless of whether such person has been granted custody of the child by any contract, agreement or legal proceeding. "Custodian" shall also include, but not be limited to, the spouse of a parent, guardian or custodian, or a person cohabiting with a parent, guardian or custodian in the relationship of husband and wife, where such spouse or other person shares actual physical possession or care and custody of a child with the parent, guardian or custodian (W.V. Code § 61-8D-1(4) ).

3.8. "Deadly weapon" means an instrument that is designed to be used to produce serious bodily injury or death, or is readily adaptable to that use. The term "deadly weapon" shall include, but is not limited to, a blackjack, a gravity knife, a knife, a switchblade knife, a nunchuka, metallic or false knuckles, and firearms, or other deadly weapons of like kind or character which may be easily concealed on or about the person (W. Va. Code § 61-7-2(9)).

3.9. "Department of Health and Human Resources" (DHHR) is the state agency charged with the administration of the child welfare service of the state of West Virginia in accordance with W. Va. Code § 49-1-1(c).

3.10. "Dispatcher" means a telecommunicator who receives calls from individuals who need assistance from firefighters, law enforcement officers, and emergency medical services. Once information is obtained from the caller, telecommunicators activate the services necessary to respond to the nature of the call for help and maintain close contact with field units to monitor response and needed support requirements.

3.11. "Emergency service personnel" means any paid or volunteer firefighter, emergency medical technician, paramedic, or other emergency services personnel employed by or under contract with an emergency medical service provider or a state agency or political subdivision thereof (W. Va. Code § 61-2-10b(3)).

3.12. "Family or household member" means current or former spouses, persons living as spouses, persons who formerly resided as spouses, parents, children and stepchildren, current or former sexual or intimate partners, other persons related by blood or marriage, persons who are presently or in the past have resided or cohabited together or a person with whom the victim has a child in common (W. Va. Code § 48-27-204).

3.13. "Family violence" or "domestic violence" means the occurrence of one or more of the following acts between family or household members:

3.14. "Firearm" means any weapon that will expel a projectile by action of an explosion (W. Va. Code § 61-7-2(11)).

3.15. "Guardian" means a person who has care and custody of a child as the result of any contract, agreement or legal proceeding (W. Va. Code § 49-1-4(8) ).

3.16. "Imminent danger" means an emergency situation in which the welfare or the life of the child is threatened. Such emergency exists when there is reasonable cause to believe that any child in the home is or has been sexually abused or sexually exploited or reasonable cause to believe that one or more of the following conditions threaten the health or life of any child in the home:

3.17. "Law enforcement agency" means any duly authorized state, county, or municipal organization employing one or more persons whose responsibility is the enforcement of laws of the state or any county or municipality of this state.

3.18. "Law enforcement officer" means any duly authorized member of a law enforcement agency who is authorized to maintain public peace and order, prevent and detect crime, make arrests and enforce the laws of the state or any county or municipality of the state, other than parking ordinances, including persons employed as campus police officers at state institutions of higher education and those persons employed as campus police officers at state institutions of higher education and those persons employed as rangers by the Hatfield-McCoy Regional Recreational Authority. The term "law enforcement officer" does not apply to the chief executive of any West Virginia law enforcement agency or any watchman or special conservation officer.

3.19. "Law enforcement official" means the duly appointed chief administrator of a designated law enforcement agency or a duly authorized designee.

3.20. "Multidisciplinary Investigative Team" (MDIT) means a team responsible for coordinating or cooperating in the initial and ongoing investigation of all civil and criminal allegations pertinent to cases involving child sexual assault, child sexual abuse, child abuse and neglect and that makes a recommendation to the county prosecuting attorney as to the initiation or commencement of a civil petition and/or criminal prosecution. The MDIT shall be headed and directed by the prosecuting attorney or his or her designee and shall include as permanent members the prosecuting attorney or his or her designee, a local CPS caseworker from the West Virginia Department of Health and Human Resources; a local law enforcement officer employed by a law enforcement agency in the county; a CAC representative, where available; a health care provider with pediatric and child abuse expertise, where available; a mental health professional with pediatric and child abuse expertise, where available; an educator and a representative from a licensed domestic violence program serving the county (W. Va. Code § 49-5D-2)).

3.21. "Municipality" means any incorporated village, town or city whose boundaries lie within the geographic boundaries of the state.

3.22. "Neglected child," means a child whose physical or mental health is harmed or threatened by a present refusal, failure or inability of the child's parent, guardian or custodian to supply the child with necessary food, clothing, shelter, supervision, medical care or education, when such refusal, failure or inability is not due primarily to a lack of financial means on the part of the parent, guardian or custodian; or who is presently without necessary food, clothing, shelter, medical care, education or supervision because of the disappearance or absence of the child's parent or guardian (W. Va. Code § 49-1-3 ).

3.23. "Protective Order" means an injunction or other order, issued under domestic violence, family violence, anti-stalking, or similar domestic relations laws. A protective order is issued to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to a protected individual. A protective order must be issued by a court; agency or other entity authorized by law to issue or modify a protective order. Protective Orders include out-of-state orders and are entitled to full faith and credit (W. Va. Code § 48-28-2(6)).

3.24. "Personal Safety Order" means an injunction or other order, issued under sexual assault, attempted sexual assault, stalking, or similar laws. A personal safety order may include any or all of the following relief: order the respondent to refrain from committing or threatening to commit an act specified in subsection (a), of West Virginia Code 53-8-4 against the petitioner; order the respondent to refrain from contacting, attempting to contact or harassing the petitioner directly, indirectly, or through third parties regardless of whether those third parties know of the order; order the respondent to refrain from entering the residence of the petitioner; order the respondent to remain away from the place of employment, school or residence of the petitioner; order the respondent not to visit, assault, molest, or otherwise interfere with the petitioner and, if the petitioner is a child, the petitioner's siblings and minors residing in the household of the petitioner; order either party to pay filing fees and costs. A personal safety order must be issued by a court; agency or other entity authorized by law to issue or modify a personal safety order. Personal Safety Orders include out-of-state orders and are entitled to full faith and credit (W. Va. Code § 53-8-1, et sea, Personal Safety Order Act).

3.25. "Serious bodily injury" means injury which creates a substantial risk of death, which causes serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ (W. Va. Code § 61-8B-1(10)).