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 78-27-8 - Procedure for sealing records of maltreatment substantiation
Current through Register Vol. XLI, No. 38, September 20, 2024
8.1. When any allegation of abuse or neglect is substantiated and a petition for abuse or neglect could be filed pursuant to W. Va. Code § 49-4-601, et seq., and the bureau does not file a petition, all bureau records related to the allegation shall be sealed one year after the substantiation is made: Provided, That the person who is the subject of the allegation does not have another substantiation of abuse or neglect against them during the one-year period following the initial substantiation.
8.2. When any allegation of abuse or neglect is substantiated by the bureau and a petition is filed with the circuit court, which does not result in a judicial determination that abuse or neglect occurred, the bureau must overturn its substantiation and consider the alleged abuse or neglect unsubstantiated. The bureau shall follow the same procedure for overturning a maltreatment substantiation listed in section 7 of this rule.
8.3. When any allegation of abuse or neglect is substantiated and a judicial determination of child abuse or neglect is made, a person may petition the circuit court in which they were found to be an abusive or neglectful parent or guardian to have the bureau's record(s) of his or her abuse or neglect sealed after no less than five years have elapsed since the finding of abuse or neglect was made.
8.4. If a person's records are sealed under subsections 8.1. or 8.3. of this rule, the records cannot be referred to by the department when conducting any background checks of the person pursuant to inquiries relating to potential employment.
