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 78-27-5 - Notice requirements upon a maltreatment substantiation

Universal Citation: 78 WV Code of State Rules 78-27-5

Current through Register Vol. XLI, No. 38, September 20, 2024

5.1. After July 1, 2021, if the bureau determines that an allegation against a person of abuse or neglect of a child has been substantiated, the bureau shall provide written notice to the maltreater of its determination.

5.2. The notice shall contain the following information regarding the maltreatment substantiation:

5.2.1. The name of the child the maltreater was found to have abused or neglected;

5.2.2. The place(s) where the abuse or neglect occurred; and

5.2.3. The date(s) on which the abuse or neglect occurred.

5.3. The notice shall explain the maltreater's due process rights, including:

5.3.1. The maltreater may contact the supervisor of the child protective service worker or IIU worker to discuss the maltreatment substantiation. The contact information of the supervisor must be included in the notice.

5.3.2. The maltreater has the right to protest the maltreatment substantiation through the Board of Review's grievance process and clear instructions regarding how to file a grievance with the Board of Review, including any applicable time limits, shall be included in the notice. The notice shall include the hearing request form.

5.3.3. The maltreater has the right to request a copy of his or her file at no charge to the maltreater.

5.3.4. The maltreater has the right to appeal any adverse decision of the Board of Review to the circuit court pursuant to W. Va. Code § 9-2-13.

5.4. The notice shall inform the maltreater that a finding of a substantiated abuse or neglect is recorded with the bureau. The notice shall also inform the maltreater that the fact that a finding of a substantiated abuse or neglect is recorded with the bureau may keep the maltreater from certain types of employment and may also prevent him or her from foster or kinship care of a child.

5.5. The notice shall be mailed to the maltreater, at his or her last known mailing address, by certified mail, return receipt requested within 15 days of the maltreatment substantiation.

Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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