West Virginia 2024 Regular Session Status: In Committee 1 D cosponsors

SB 528 — Requiring DHS to provide investigative and assessment services

Last action — Referred to Judiciary on 2nd reading

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced January 24, 2024. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Stalled 16% · moderate confidence

  • In Committee

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

198 added · 196 removed

Plain-language change summary

The updated version of Bill SB 528 simplifies the process for assessing child welfare by establishing a clearer system of responses to reports received by social services. It emphasizes a less rigid approach by removing specific criteria for when to use different assessment tracks, instead allowing for flexibility in decision-making. This change is important because it aims to improve the support offered to families, potentially preventing unnecessary separations of children from their parents and facilitating reunifications when needed. Overall, these adjustments are designed to promote a more responsive and compassionate child welfare system.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION Introduced Senate Bill 528 By Senator Woelfel [Introduced January 24, 2024;
CS for SB 528 WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Senate Bill 528 By Senator Woelfel [Originating in the Committee on Health and Human Resources;
referred to the Committee on Health and Human Resources;
and then to the Committee on the Judiciary;
and then to the Committee on the Judiciary] Intr SB 2024R3049 A BILL to amend and reenact §49-1-201 of the Code of West Virginia, 1931, as amended;
reported February 20, 2024] CS for SB 528 A BILL to amend and reenact §49-1-201 of the Code of West Virginia, 1931, as amended;
stating that protective services includes both an investigative track and a family assessment track;
stating that protective services include both an investigative track and a family assessment track;
detailing criteria when family assessment track and investigative track to be used;
requiring the Bureau for Social Services to establish a system of differential response and use appropriate screening tools to respond to reports received by centralized intake that complies with relevant law;
requiring the Department of Human Services as a socially necessary service provider or other contracted provider to provide family track assessment services;
providing data retention requirements;
requiring the Bureau for Social Services to establish a triage system for calls received by centralized intake that complies with relevant law requiring the use of the family assessment track and the investigative track;
requiring a centralized intake worker to investigate repeated calls made within 30 days;
requiring rulemaking;
"Abandonment" means any conduct that demonstrates the settled purpose to forego the duties and parental responsibilities to the child;
"Abandonment" means any conduct that demonstrates the settled purpose to forego the duties and parental responsibilities to the child:
Physical injury may include an injury to the child as a Intr SB 2024R3049 result of excessive corporal punishment;
Physical injury may include an injury to the child as a result of excessive corporal punishment;
(D) Domestic violence as defined in §48-27-202 of this code;
1 CS for SB 528 (D) Domestic violence as defined in §48-27-202 of this code;
(A) Protecting and promoting the welfare of children who are abused or neglected;
(A) (1) Protecting and promoting the welfare of children who are abused or neglected;
(B) Identifying, preventing, and remedying conditions which cause child abuse and neglect;
(B) (2) Identifying, preventing, and remedying conditions which cause child abuse and neglect;
(C) Preventing the unnecessary removal of children from their families by identifying family Intr SB 2024R3049 problems and assisting families in resolving problems which could lead to a removal of children and a breakup of the family;
(C) (3) Preventing the unnecessary removal of children from their families by identifying family problems and assisting families in resolving problems which could lead to a removal of children and a breakup of the family;
(D) In cases where children have been removed from their families, providing time-limited reunification services to the children and the families so as to reunify those children with their families, or some portion of the families;
(D) (4) In cases where children have been removed from their families, providing time- limited reunification services to the children and the families so as to reunify those children with 2 CS for SB 528 their families, or some portion of the families;
(E) Placing children in suitable adoptive homes when reunifying the children with their families, or some portion of the families, is not possible or appropriate;
(E) (5) Placing children in suitable adoptive homes when reunifying the children with their families, or some portion of the families, is not possible or appropriate;
and (F) Assuring the adequate care of children or juveniles who have been placed in the custody of the department or third parties.
and (F) (6) Assuring the adequate care of children or juveniles who have been placed in the custody of the department or third parties.
"Family assessment response" means a response to selected reports of child abuse and neglect using a family centered approach that is protection and prevention oriented and that evaluates the strengths and needs of the child’s family, as wells as the conditions of the child.
"Family assessment response" means a response to selected reports of child abuse and neglect using a family-centered approach that is protection- and prevention-oriented and that evaluates the strengths and needs of the child’s family, as well as the conditions of the child.
These cases shall be staffed by socially necessary service providers or other providers contracted by the Department of Human Services to conduct this assessment.
These cases may be staffed by socially necessary service providers or other providers contracted by the Department of Human Services to conduct this assessment.
Any external service providers contracted by the Department of Human Services to conduct a family assessment response shall be trained to recognize signs of abuse and neglect.
(A) Nonaccidental trauma inflicted by a parent, guardian, custodian, sibling, babysitter or other caretaker;
(A) (1) Nonaccidental trauma inflicted by a parent, guardian, custodian, sibling, babysitter, or other caretaker;
(B) A combination of physical and other signs indicating a pattern of abuse which may be Intr SB 2024R3049 medically diagnosed as battered child syndrome;
(B) (2) A combination of physical and other signs indicating a pattern of abuse which may be medically diagnosed as battered child syndrome;
(C) Nutritional deprivation;
(C) (3) Nutritional deprivation;
(D) Abandonment by the parent, guardian, or custodian;
3 CS for SB 528 (D) (4) Abandonment by the parent, guardian, or custodian;
(E) Inadequate treatment of serious illness or disease;
(E) (5) Inadequate treatment of serious illness or disease;
(F) Substantial emotional injury inflicted by a parent, guardian, or custodian;
(F) (6) Substantial emotional injury inflicted by a parent, guardian, or custodian;
(G) Sale or attempted sale of the child by the parent, guardian, or custodian;
(G) (7) Sale or attempted sale of the child by the parent, guardian, or custodian;
(H) The parent, guardian, or custodian’s abuse of alcohol or drugs or other controlled substance as defined in §60A-1-101 of this code, has impaired his or her parenting skills to a degree as to pose an imminent risk to a child’s health or safety;
(H) (8) The parent, guardian, or custodian’s abuse of alcohol or drugs or other controlled substance as defined in §60A-1-101 of this code, has impaired his or her parenting skills to a degree as to pose an imminent risk to a child’s health or safety;
or (I) Any other condition that threatens the health, life or safety of any child in the home.
or (I) (9) Any other condition that threatens the health, life, or safety of any child in the home.
(A) Whose physical or mental health is harmed or threatened by a present refusal, failure or inability of the child’s parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, supervision, medical care, or education, when that refusal, failure, or inability is not due primarily to a lack of financial means on the part of the parent, guardian, or custodian;
(A) (1) Whose physical or mental health is harmed or threatened by a present refusal, failure, or inability of the child’s parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, supervision, medical care, or education, when that refusal, failure, or inability is not due primarily to a lack of financial means on the part of the parent, guardian, or custodian;
(B) Who is presently without necessary food, clothing, shelter, medical care, education, or supervision because of the disappearance or absence of the child’s parent or custodian;
(B) (2) Who is presently without necessary food, clothing, shelter, medical care, education, or supervision because of the disappearance or absence of the child’s parent or custodian;
or (C) "Neglected child" does not mean a child whose education is conducted within the provisions of §18-8-1 et seq.
or (C) (3) "Neglected child" does not mean a child whose education is conducted within the provisions of §18-8-1 et seq.
Intr SB 2024R3049 "Respondent" means all parents, guardians, and custodians identified in the child abuse and neglect petition who are not petitioners or copetitioners.
"Respondent" means all parents, guardians, and custodians identified in the child abuse 4 CS for SB 528 and neglect petition who are not petitioners or copetitioners.
(A) Sexual intercourse, sexual intrusion, sexual contact, or conduct proscribed by §61-8c-3 of this code, which a parent, guardian, or custodian engages in, attempts to engage in, or knowingly procures another person to engage in, with a child notwithstanding the fact that for a child who is less than 16 years of age, the child may have willingly participated in that conduct or the child may have suffered no apparent physical, mental or emotional injury as a result of that conduct or, for a child 16 years of age or older, the child may have consented to that conduct or the child may have suffered no apparent physical injury or mental or emotional injury as a result of that conduct;
(A) (1) Sexual intercourse, sexual intrusion, sexual contact, or conduct proscribed by §61- 8c-3 of this code, which a parent, guardian, or custodian engages in, attempts to engage in, or knowingly procures another person to engage in, with a child notwithstanding the fact that for a child who is less than 16 years of age, the child may have willingly participated in that conduct or the child may have suffered no apparent physical, mental, or emotional injury as a result of that conduct or, for a child 16 years of age or older, the child may have consented to that conduct or the child may have suffered no apparent physical injury or mental or emotional injury as a result of that conduct;
(B) Any conduct where a parent, guardian, or custodian displays his or her sex organs to a child, or procures another person to display his or her sex organs to a child, for the purpose of gratifying the sexual desire of the parent, guardian, or custodian, of the person making that display, or of the child, or for the purpose of affronting or alarming the child;
(B) (2) Any conduct where a parent, guardian, or custodian displays his or her sex organs to a child, or procures another person to display his or her sex organs to a child, for the purpose of gratifying the sexual desire of the parent, guardian, or custodian, of the person making that display, or of the child, or for the purpose of affronting or alarming the child;
or (C) Any of the offenses proscribed in §61-8b-7, §61-8b-8, or §61-8b-9 of this code.
or (C) (3) Any of the offenses proscribed in §61-8b-7, §61-8b-8, or §61-8b-9 of this code.
(A) A parent, custodian, or guardian, whether for financial gain or not, persuades, induces, entices or coerces a child to engage in sexually explicit conduct as that term is defined in §61-8c-1 of this code;
(A) (1) A parent, custodian, or guardian, whether for financial gain or not, persuades, induces, entices, or coerces a child to engage in sexually explicit conduct as that term is defined in §61-8c-1 of this code;
(B) A parent, guardian, or custodian persuades, induces, entices, or coerces a child to display his or her sex organs for the sexual gratification of the parent, guardian, custodian or a third person, or to display his or her sex organs under circumstances in which the parent, Intr SB 2024R3049 guardian, or custodian knows that the display is likely to be observed by others who would be affronted or alarmed;
(B) (2) A parent, guardian, or custodian persuades, induces, entices, or coerces a child to display his or her sex organs for the sexual gratification of the parent, guardian, custodian, or a third person, or to display his or her sex organs under circumstances in which the parent, guardian, or custodian knows that the display is likely to be observed by others who would be 5 CS for SB 528 affronted or alarmed;
or (C) A parent, guardian, or custodian knowingly maintains or makes available a child for the purpose of engaging the child in commercial sexual activity in violation of §61-14-5 of this code.
or (C) (3) A parent, guardian, or custodian knowingly maintains or makes available a child for the purpose of engaging the child in commercial sexual activity in violation of §61-14-5 of this code.
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Protective services shall include the screening of reports, the performance of an assessment using either a family assessment response or an investigative assessment response, casework, or other counseling services to parents, guardians, or other caretakers to help the parents, guardians, or other caretakers and the court to prevent abuse, neglect or abuse and neglect and to preserve and stabilize family life.
Protective services shall include the screening of reports, the performance of an assessment using either a family assessment response or an investigative assessment response, casework, or other services to help parents, guardians, other caretakers, and the court to prevent abuse, neglect, or abuse and neglect, to protect children, and preserve and strengthen families.
The bureau or any county office of the department is also authorized to accept temporary custody of children for care from any law-enforcement officer in an emergency situation.
The bureau or any county office of the department is also authorized to accept temporary custody of children for care from any law- enforcement officer in an emergency situation.
Intr SB 2024R3049 (c) The bureau is responsible for the care of the infant child of an unmarried mother who has been committed to the custody of the department while the infant is placed in the same licensed child welfare agency as his or her mother.
(c) The bureau is responsible for the care of the infant child of an unmarried mother who 6 CS for SB 528 has been committed to the custody of the department while the infant is placed in the same licensed child welfare agency as his or her mother.
(d) When a report of abuse or neglect is received pursuant to §49-2-809 of this code, the Bureau of Social Services shall make an immediate and thorough assessment, using either a family assessment or an investigative response, in order to ascertain the facts of the case collecting information concerning the parent, guardian, custodian, or caretaker of the child alleged to have been abused or neglected, the extent of the abuse or neglect, and the risk of harm to the child, in order to determine whether protective services should be provided or the action should be filed as a petition.
(d) The Bureau of Social Services shall utilize a system of differential response that is based upon the severity of the report of child abuse or neglect which may include an investigative assessment of child abuse or neglect, family assessment and services, or referrals to prevention services.
(a) Reports of child abuse and neglect pursuant to this article shall be made immediately to the department of child protective services by a method established by the Bureau for Social Services:
(a) Reports of child abuse and neglect pursuant to this article shall be made immediately to the Department of Child Protective Services by a method established by the Bureau for Social Services:
Notwithstanding any other provisions of the code to the contrary, the Bureau for Social Services shall establish a system to triage calls received by its centralized intake system that shall comply with all relevant statutory provisions including but not limited to the frequency, severity, and overall risk to the child Intr SB 2024R3049 and shall use the appropriate maltreatment screening tool to evaluate and screen reports.
Notwithstanding any other provisions of the code to the contrary, the Bureau for Social Services shall utilize a system of differential response whereby when the Bureau for Social Services receives reports through its centralized intake system, the Bureau for Social Services shall utilize a differential response which shall comply with all relevant statutory provisions including but not limited to the frequency, severity, and overall risk to the child, and shall use the appropriate maltreatment screening tool to evaluate and screen reports.
The Bureau for Social Services shall determine the appropriate assessment track for the matter, whether family or investigate:
The Bureau for Social Services shall determine the appropriate assessment track for the matter:
Provided, That when repeat calls have been made about a family or child, within the last 30 days, those calls shall be investigated regardless of the results of the screening tool.
7 CS for SB 528 (1) The screening tool shall analyze risk-indicative factors, including but not limited to, prior child protective service involvement, and recent repeat reports made to centralized intake;
The Bureau of Social Services shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq.
(2) The screening tool shall include information on the role of the reporter, the age of the child, the presence of prior child protective service involvement, and the number and recency of reports made to centralized intake.
of this code which shall set forth its centralized intake policies and procedures.
(d) (c)The department shall annually submit a report in an electronic format, via the legislative webpage, on July 1 to the Joint Committee on Government and Finance, which shall contain:
(d) (c) The department shall annually submit a report in an electronic format, via the legislative webpage, on July 1 to the Joint Committee on Government and Finance, which shall contain Hhow many calls were made to centralized intake on a per county basis, how many calls were referred to centralized intake on a per county basis, how many calls were screened out centralized intake on a per county basis, and the time from referral to investigation on a per county basis.
How many calls were made to centralized intake on a per county basis, how many calls were referred to centralized intake on a per county basis, how many calls were screened out centralized intake on a per county basis, and the time from referral to investigation on a per county basis.
(d) All reports made to centralized intake by email, fax, letter, or other electronic form from a reporter, shall be retained in the Comprehensive Child Welfare Information System in its original 8 CS for SB 528 format for at least 12 months.
Intr SB 2024R3049 (d) All reports made to centralized intake shall be maintained in an electronic format for at least 12 months.
(e) Audio files recorded from reports made to centralized intake shall be retained in the Comprehensive Child Welfare Information System for at least 12 months.
(f) The system of differential response and appropriate screening tool shall be fully implemented and operational by July 1, 2025.
The Department of Health and Human Resources shall maintain a statewide child abuse and neglect statistical index of all substantiated and unsubstantiated allegations of child abuse or neglect cases to include information contained in the reports required under this article and any other information considered appropriate by the Secretary of the Department of Health and Human Resources.
The Department of Health and Human Resources Services shall maintain a statewide child abuse and neglect statistical index of all substantiated and unsubstantiated allegations of child abuse or neglect cases to include information contained in the reports required under this article and any other information considered appropriate by the Secretary of the Department of Health and Human Resources Services.
Nothing in the statistical data index maintained by the Department of Health and Human Resources may contain information of a specific nature that would identify individual cases or persons.
Nothing in the statistical data index maintained by the Department of Health and Human Resources Services may contain information of a specific nature that would identify individual cases or persons.
Notwithstanding section two hundred one, article four of this chapter, §49-4-201 of this code the Department of Health and Human Resources shall provide copies of the statistical data maintained pursuant to this subsection to the State Police child abuse and neglect investigations unit to carry out its responsibilities to protect children from abuse and neglect.
Notwithstanding section two hundred one, article four of this chapter, §49-4-201 of this code, the Department of Health and Human Resources Services shall provide copies of the statistical data maintained pursuant to this subsection to the State Police child abuse and neglect investigations unit to carry out its responsibilities to protect children from abuse and neglect.
(a) The commissioner shall change the existing child welfare data dashboard by July 1, 2023, 2024, and shall update the child welfare data dashboard monthly thereafter to report on system-wide issues, including, but not limited to, system-level performance indicators, intake hotline performance indicators, field investigation performance indicators, open case performance indicators, out-of-home placement performance indicators, and federally mandated performance indicators, and child fatality and near fatality information.
(a) The commissioner shall change the existing child welfare data dashboard by July 1, 2023, 2024, and shall update the child welfare data dashboard monthly thereafter to report on system-wide issues, including, but not limited to, system-level performance indicators, intake hotline performance indicators, field investigation performance indicators, open case performance indicators, out-of-home placement performance indicators, and federally mandated performance indicators, and information on child fatality and near fatality information, and information on children in non-placement or temporary lodging status.
(b) Starting July 1, 2024, the data reported on the child welfare data dashboard shall be trended over time rather than represented as a point in time number.
9 CS for SB 528 (b) The child welfare data dashboard shall include workforce information, including but not limited to, the number of child protective services staff that have been hired but who have not completed training, the number and vacancies of adoption workers, and the number and vacancies of home finders.
(c) Starting July 1, 2024, the data reported on the child welfare data dashboard shall be trended over time rather than represented as a point in time number.
Intr SB 2024R3049 NOTE:
The purpose of this bill is to require centralized intake to have a process for a family assessment track and investigative track for protective services and to define these terms, to revise the process for centralized intake to incorporate these two difference tracks and to require repeat calls within 30 days to be investigated.
Making changes to the child welfare data dashboard to require more frequent reporting, to require data trending and permit the data to be searchable with appropriate data suppression to protect privacy, and adding fatality and near fatality child data to the dashboard.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Action History

  1. Referred to Judiciary on 2nd reading

  2. Read 1st time

  3. Immediate consideration

  4. Committee substitute reported, but first to Judiciary

  5. To Health and Human Resources

  6. Introduced in Senate

  7. To Health and Human Resources then Judiciary

  8. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 151 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (151)

151 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety
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Frequently asked questions

Who sponsors SB 528?
SB 528 is sponsored by Mike Woelfel (Democrat).
What is the current status of SB 528?
This bill is in committee in the Senate. Introduced January 24, 2024. It must pass committee before a floor vote.
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