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 149-8-6 - Child Protective Services Responsibilities

6.1. Child Protective Services is provided by the West Virginia DHHR. CPS is not a punitive intervention but rather helping in nature. Although CPS and law enforcement have different duties and responsibilities, through collaboration and partnership both entities can maintain their own organizational integrity and meet their professional obligations to protect children.

6.2. Child Protective Services must assess families when a child is abused and/or neglected, or when a child is subject to conditions where abuse and/or neglect is likely to occur. Child Protective Services must respond in a timely manner in order to ensure child safety based upon the alleged child maltreatment and family conditions.

6.3. The CPS assessment seeks to determine if a child in the residence requires protection from their parents, guardians or custodians. If a child in the residence requires protection, CPS then provides ongoing services to the family to change the behavior.

6.4. Child Protective Services may be required to seek judicial authorization to remove a child from their home in order to assure protection. This decision is not strictly dependent upon whether or not a crime has occurred and should not deter law enforcement officers from pursuing criminal charges when appropriate.

6.5. Child Protective Services must cooperate, to the extent possible, with law enforcement officers when conducting joint assessments/investigations. When working with officers, CPS workers must adhere to applicable state statutes, federal statutes, local MDIT procedures and CPS policies.