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 149-8-7 - Mandated Reporting of Suspected Child Abuse or Neglect

7.1.a. Medical, dental, and mental health professionals

7.1.b. Christian Science practitioners, religious healers, and members of the clergy

7.1.c. School teachers and other school personnel

7.1.d. Social service, child care, and foster care workers

7.1.e. Emergency medical service personnel

7.1.f. Law enforcement officials and peace officers

7.1.g. Humane officers

7.1.h. Circuit court judges, family court judges, and magistrates

7.1.i. Division of Juvenile Services employees

7.1.j. Youth camp administrators

7.1.k. Counselors, employees, coaches or volunteers of an entity that provides organized activities for children

7.1.l. Commercial film or photographic print processors

7.1.m. In specific cases, all persons over the age of 18 (see 7.2.a.)

7.2.a. Receipt of a disclosure from a credible witness or observation of any sexual abuse or sexual assault of a child (this applies to all persons over the age of 18).

7.2.b. Reasonable cause to suspect that a child is abused and/or neglected (applies to 7.1.a. through 7.1.m.).

7.2.c. Observation of a child being subjected to conditions that are likely to result in abuse and/or neglect (applies to 7.1.a. through 7.1.m.).

7.2.d. The mandated reporter is not required to be certain that abuse/neglect has occurred or to investigate independently the suspicion/observation. The facts of the case may not rise to the level of a criminal charge, but may meet the standard for an abused and/or neglected child as defined in the section of code that governs civil child abuse and neglect proceedings.

7.2.e. The reporter may take photographs of visible trauma or cause x-rays to be taken, if medically indicated, at public expense, to be shared with the report.

7.3.a. Report to the West Virginia DHHR immediately or within 48 hours

7.3.b. Additional reporting requirements for suspicion of serious physical abuse or sexual abuse/assault shall immediately be reported to the West Virginia State Police and any law enforcement agency having jurisdiction to investigate the complaint.

7.3.c. All cases involving death, unattended by a medical provider, must be reported to the appropriate medical examiner or coroner.

7.3.d. Reports made in good faith are confidential and immune from civil or criminal liability.

7.3.e. All privileged communication in regard to suspected or known child abuse and/or neglect is abrogated (e.g., husband and wife, professional and patient/client, etc.), except that between attorney and client.