West Virginia Code of State Rules
Agency 78 - Human Services
Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES
Series 78-27 - Procedure To Content The Substantiation Of Child Abuse Or Neglect
Section 78-27-3 - Substantiation of abuse and neglect

3.1.1. The allegation of abuse or neglect has been the subject of a petition under W. Va. Code § 49-4-601 et seq. that resulted in an adjudication finding that the person committed one or more acts of abuse or neglect of a child, and that adjudication has not been reversed or vacated on appeal;

3.1.2. The bureau, as a result of its own investigation, has determined that an allegation against a person of abuse or neglect of a child has been substantiated, whether or not there has been an adjudication under subdivision 3.1.1. of this rule: Provided, That when there has been no adjudication, sections four and five of this rule apply; or

3.1.3. In any case where a person is convicted of a felony offense against a child as set forth in W. Va. Code § 61-8D-9 and the court, at the time of sentencing, found that person an abusing parent within the meaning of §49-4-601 through §49-4-610 of this code as to the child victim, and found that person an abusing parent as to any child who resided in the same household as the victim.