SB 83 — Allowing Foster Care Ombudsman access to child protective records

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 83 ByBYSENATORSR SenatorUCKE, RuckerWOELFE,ANDW [IntroducedOODRUM February[Reported 12,March 2025;14, 2025, from the Committee on Health and Human Resources] CS for SB 83 A BILL to amend and reenact §49-5-101 of the Code of West Virginia, 1931, as amended, relating to adding the Foster Care Ombudsman, or his or her designee, as a personto have access to confidential records concerning a child or juvenile in cases involving child abuse or neglect, or both, and in cases where there is a child fatality, or near fatality when the Foster Care Ombudsman, or his or her designee, are acting in the course of their official duties.

referred to the Committee on Health and Human Resources] Intr SB 83 2025R1692 A BILL to amend and reenact §49-5-101 of the Code of West Virginia, 1931, as amended, relating to adding the Foster Care Ombudsman as a person to have access to records concerning child abuse or neglect allegations or proceedings.

and (D) The Juvenile Justice Commission and its'its designees acting in the course of their official duties;

and CS for SB 83 (4) Pursuant to an order of a court of record:

Provided, That the court shall review the record or records for relevancy and materiality to the issues in the proceeding and safety and may 1 Intr SB 2025R1692 issue an order to limit the examination and use of the records or any part thereof.

Provided, That such request is made in the course of their official duties pursuant to §16B-16-7.§16B-16-1 et seq.

(d) (e) If there is a child fatality or near fatality due to child abuse and neglect, information relating to a fatality or near fatality shall be made public by the Department of Human Services and provided to the entities described in subsection (c) of this section,code. all under the circumstances described in said subsection:

Provided,(d)(e) ThatIf informationthere releasedis bya thechild Departmentfatality ofor Humannear Servicesfatality pursuantdue to thischild subsectionabuse mayand notneglect, includeinformation therelating identityto of a personfatality reporting or makingnear afatality Intrshall SBbe 2025R1692made complaintpublic ofby childthe abuseDepartment orof neglectHuman exceptServices when such information and recordsprovided are released to the Fosterentities Caredescribed Ombudsman or his or her designee acting in thesubsection course(c) of theirthis officialsection, duties,all under the identitycircumstances ofCS afor personSB reporting83 ordescribed makingin asaid complaintsubsection: of child abuse or neglect may be included:

Provided, however, That information released by the Department of Human Services pursuant to this subsection may not include the identity of a person reporting or making a complaint of child abuse or neglect except when such information and records are released to the Foster Care Ombudsman or his or her designee is acting in the course of their official dutiesduties, pursuantthe toidentity §16B-16-7.of a person reporting or making a complaint of child abuse or neglect may be included:

Provided, however, That the Foster Care Ombudsman or his or her designee is acting in the course of their official duties pursuant to §16B-16-1 et seq.

of this code.

(e)(e)(f) (f) Except in juvenile proceedings which are transferred to criminal proceedings, law- enforcement records and files concerning a child or juvenile shall be kept separate from the records and files of adults and not included within the court files.

Law-enforcement records and files concerning a child or juvenile shall only be open to inspection pursuant to §49-5-103 ofto §49-5-103 of this code.

(g)(g)(h) (h) Notwithstanding the provisions of this section, or any other provision of this code to the contrary, the name and identity of any juvenile adjudicated or convicted of a violent or felonious crime shall be made available to the public.

CS for SB 83 (A) Performs the same functions in that state that are performed by the Division of Corrections and Rehabilitation in this state;

and Intr SB 2025R1692 (C) Has legal custody of the juvenile.

(3) The Division of Corrections and Rehabilitation may enter into reciprocal agreements with other states and propose rules for legislative approval in accordance with §29A-3-1with §29A-3-1 et seq.

(i)(i)(j) (j) The records subject to disclosure pursuant to subsection (b) of this section may not include a recorded/videotaped interview, as defined in §62-6B-2(6) ofin §62-6B-2(6) of this code, the disclosure of which is exclusively subject to §62-6B-6 ofto §62-6B-6 of this code.

(k)(k)(l) (l) Records or information declared confidential by the provisions of this section may not be released for use in a grievance proceeding except:

(l)(l)(m) (m) If production of confidential records or information is disclosed to a grievant, his or her counsel or representative, pursuant to subsection (k) (l) of this section:

CS for SB 83 (1) The division shall ensure that written records or information is redacted of all identifying information of any juvenile which is not relevant to the resolution of the grievance;

and Intr SB 2025R1692 (3) Records or other information released to a grievant or his or her counsel or representative pursuant to subsection (k) (l) of this section may only be used for purposes of his or her grievance proceeding and may not be disclosed, published, copied, or distributed for any other purpose, and upon the conclusion of the grievance procedure, returned to the Division of Corrections and Rehabilitation.

(m) (n) If a grievant or the Division of Corrections and Rehabilitation seeks judicial review of a decision of the Public Employee'sEmployees Grievance Board, the relevant confidential records disclosed and used in the grievance proceeding may be used in the appealappealproceeding proceeding upon entry of an order by the circuit court, and the order shall contain a provision limiting disclosure or publication of the records or information to purposes necessary to the proceeding and prohibiting unauthorized use and reproduction.

(n)(n)(o) (o) Nothing in this section may be construed to abrogate the provisions of §29B-1-1of §29B-1-1 et seq.

(o)(o)(p) (p) A child placing agency or a residential child care and treatment facility may disclose otherwise confidential information to other child placing agencies or residential child care and treatment facilities when making referrals or providing services on behalf of the child.

(p)(p)(q) (q) The department shall provide electronic access to information required to perform an adoption to child placing agencies as necessary to complete the adoption.

(q)(q)(r) (r) A child placing agency completing adoption as a contractor on behalf of the department shall have access to secure records from vital statistics and other pertinent record holders.

NOTE:

The purpose of this bill is to allow the Foster Care Ombudsman to have access to records related to child abuse or neglect.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.