HB 2017 — Relating to service of process in child abuse cases

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for House Bill 2017 By Delegates Summers, Tully and Rohrbach [Introduced[Originating Januaryin 11,the 2023;Committee on the Judiciary;

ReferredReported to the Committee on HealthJanuary and26, Human2023] Resources] A BILL to amend and reenact §49-4-601 of the Code of West Virginia, 1931, as amended, relating to requiring the sheriff to serve child abuse and neglect petitions withoutwith additional compensation.compensation;

requiring the rate of compensation to be set by the Supreme Court of Appeals;

requiring the sheriff to serve the petition and notice of a preliminary hearing;

clarifying the procedure for notices of subsequent hearings;

and exempting the sheriff from further mechanisms for notice of the petition and preliminary hearing.

When there is an order for CS for HB 2017 temporary custody pursuant to this article, the preliminary hearing shall be held within 10 days of the order continuing or transferring custody, unless a continuance for a reasonable time is granted to a date certain, for good cause shown.

Introduced HB 2017 (d) Department action upon filing of the petition.

— (1) The petition and notice of the preliminary hearing shall be served by the sheriff’ssheriff's office, withoutwith additional compensation,compensation at a rate set forth annually by the Supreme Court of Appeals, upon both parents and any other guardian, custodian, or person standing in loco parentis, giving to the persons at least five days’days' actual notice of a preliminary hearing and at least 10 days’days' notice of any other hearing.

Notice of any other hearing shall give the persons at least 10 days' notice or such notice as otherwise required by rules promulgated by the Supreme Court of Appeals.

(3) In cases where personal service within West Virginia cannot be obtained by the sheriff's office after due diligence upon any parent or other custodian, a copy of the petition and notice of the preliminary hearing shall be mailed to the person by certified mail, addressee only, return receipt requested, to the last known address of the person.person as directed by the court:

Provided, That the sheriff's office will not be responsible for the certified mailing.

(4) If service of the petition and notice of the preliminary hearing cannot be obtained by personal service or by certified mail, notice shall be by publication as a Class II legal advertisement in compliance with §59-3-1 et seq.

of this code.code:

(5)Provided, AThat noticethe ofsheriff's hearingoffice shallwill specifynot thebe timeresponsible andfor place of the hearings,publication the right to counsel of the child,Class parents,II andlegal otheradvertisement. guardians, custodians, and other persons standing in loco parentis with the child and the fact that the proceedings can result in the permanent termination of the parental rights.

1 CS for HB 2017 (5) A notice of hearing shall specify the time and place of the hearings, the right to counsel of the child, parents, and other guardians, custodians, and other persons standing in loco parentis with the child and the fact that the proceedings can result in the permanent termination of the parental rights.

Introduced HB 2017 (2) The court’scourt's initial order shall appoint counsel for the child, and for any parent, guardian, custodian, or other person standing in loco parentis with the child if such person is without retained counsel.

2 CS for HB 2017 (6) A parent who is a co-petitioner is entitled to his or her own attorney.

— Any attorney representing a party under this article shall receive a minimum of eight hours of continuing legal education training per reporting Introduced HB 2017 period on child abuse and neglect procedure and practice.

At the conclusion of the adjudicatory hearing, the court shall make a determination based upon the evidence and shall make findings of fact and conclusions of law as to whether the child is abused or neglected and whether the respondent is abusing, neglecting, or, if applicable, a battered parent, all of which shall be incorporated into the 3 CS for HB 2017 order of the court.

Any hearing to be held at the end of an improvement period and any other hearing to be held during any proceedings under this article shall be held as nearly as practicable on successive days and, with respect to the hearing to Introduced HB 2017 be held at the end of an improvement period, shall be held as close in time as possible after the end of the improvement period and shall be held within 30 days of the termination of the improvement period.

Following the court’scourt's determination, it shall ask the parents or custodians whether or not an appeal is desired and the response transcribed.

The purpose of this bill is to require the sheriff serve child abuse and neglect petitionspetitions. without additional compensation.