Bill Text: WV SB465 | 2018 | Regular Session | Introduced
Bill Title: Relating to mandated reporting of child abuse and neglect
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2018-04-23 - Chapter 36, Acts, Regular Session, 2018 [SB465 Detail]
Download: West_Virginia-2018-SB465-Introduced.html
WEST virginia legislature
2018 regular session
Introduced
Senate Bill 465
By Senators Trump, Boso, Ferns, Baldwin, and Cline
[Introduced February 2, 2018;
Referred
to the Committee on Education; and then to the Committee on the Judiciary]
A BILL to amend and reenact §49-2-803 of the Code of West Virginia, 1931, as amended, relating generally to mandated reporting of child abuse and neglect; clarifying that sexual abuse and sexual assault constitute abuse of a child for reporting purposes; reducing the time period in which a mandated reporter shall report suspected abuse or neglect; requiring mandated reporters to directly report known or suspected abuse or neglect; eliminating particularized reporting requirements for education employees; eliminating certain exceptions to the reporting time limit; and clarifying that the duty to report is nondelegable.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. STATE RESPONSIBILITIES FOR CHILDREN.
§49-2-803. Persons mandated to report suspected abuse and neglect; requirements.
(a) Any medical, dental, or
mental health professional, Christian Science practitioner, religious healer,
school teacher or other school personnel, social service worker, child care or
foster care worker, emergency medical services personnel, peace officer or
law-enforcement official, humane officer, member of the clergy, circuit court
judge, family court judge, employee of the Division of Juvenile Services,
magistrate, youth camp administrator or counselor, employee, coach or volunteer
of an entity that provides organized activities for children, or commercial
film or photographic print processor who has reasonable cause to suspect that a
child is neglected or abused, including sexual abuse or sexual assault,
or observes the child being subjected to conditions that are likely to result
in abuse or neglect shall immediately, and not more than forty-eight 24
hours after suspecting this abuse or neglect, report the circumstances or
cause a report to be made to the Department of Health and Human Resources.
In any case where the reporter believes that the child suffered serious
physical abuse or sexual abuse or sexual assault, the reporter shall also
immediately report, or cause a report to be made, to the State Police
and any law-enforcement agency having jurisdiction to investigate the
complaint. Any person required to report under this article who is a member of
the staff or volunteer of a public or private institution, school, entity that
provides organized activities for children, facility, or agency shall also
immediately notify the person in charge of the institution, school, entity that
provides organized activities for children, facility, or agency, or a
designated agent thereof, who may supplement the report or cause an additional
report to be made: Provided, That notifying a person in
charge, supervisor, or superior does not exempt a person from his or her
mandate to report suspected abuse or neglect.
(b) Any person over the
age of eighteen who receives a disclosure from a credible witness or observes
any sexual abuse or sexual assault of a child, shall immediately, and not more
than forty-eight hours after receiving that disclosure or observing the sexual
abuse or sexual assault, report the circumstances or cause a report to be made
to the Department of Health and Human Resources or the State Police or other
law-enforcement agency having jurisdiction to investigate the report. In the
event that the individual receiving the disclosure or observing the sexual
abuse or sexual assault has a good faith belief that the reporting of the event
to the police would expose either the reporter, the subject child, the
reporter's children or other children in the subject child's household to an
increased threat of serious bodily injury, the individual may delay making the
report while he or she undertakes measures to remove themselves or the affected
children from the perceived threat of additional harm and the individual makes
the report as soon as practicable after the threat of harm has been reduced.
The law-enforcement agency that receives a report under this subsection shall
report the allegations to the Department of Health and Human Resources and
coordinate with any other law-enforcement agency, as necessary to investigate
the report.
(c) Any school teacher
or other school personnel who receives a disclosure from a witness, which a
reasonable prudent person would deem credible, or personally observes any
sexual contact, sexual intercourse or sexual intrusion, as those terms are
defined in article eight-b, chapter sixty-one, of a child on school premises or
on school buses or on transportation used in furtherance of a school purpose
shall immediately, but not more than 24 hours, report the circumstances or
cause a report to be made to the State Police or other law-enforcement agency
having jurisdiction to investigate the report: Provided, That this
subsection will not impose any reporting duty upon school teachers or other
school personnel who observe, or receive a disclosure of any consensual sexual
contact, intercourse, or intrusion occurring between students who would not
otherwise be subject to section three, five, seven or nine of article eight-8,
chapter sixty-one of this code: Provided, however, That any
teacher or other school personnel shall not be in violation of this section if
he or she makes known immediately, but not more than 24 hours. to the
principal, assistant principal or similar person in charge, a disclosure from a
witness, which a reasonable prudent person would deem credible, or personal
observation of conduct described in this section: Provided further, That
a principal, assistant principal or similar person in charge made aware of such
disclosure or observation from a teacher or other school personnel shall be
responsible for immediately, but not more than 24 hours, reporting such conduct
to law enforcement
(d) (b) County boards of education and private
school administrators shall provide all employees with a written statement
setting forth the requirement contained in this subsection and shall obtain and
preserve a signed acknowledgment from school employees that they have received
and understand the reporting requirement.
(e) The reporting
requirements contained in this section specifically include reported, disclosed
or observed conduct involving or between students enrolled in a public or
private institution of education, or involving a student and school teacher or
personnel. When the alleged conduct is between two students or between a
student and school teacher or personnel, the law enforcement body that received
the report under this section is required to make such a report under this
section shall additionally immediately, but not more than 24 hours, notify the
students' parents, guardians, and custodians about the allegations
(f) (c) Nothing in this article is intended to
prevent individuals from reporting suspected abuse or neglect on their own
behalf. In addition to those persons and officials specifically required to
report situations involving suspected abuse or neglect of children, any other
person may make a report if that person has reasonable cause to suspect that a
child has been abused or neglected in a home or institution or observes the
child being subjected to conditions or circumstances that would reasonably
result in abuse or neglect.
NOTE: The purpose of this bill is to clarify mandatory reporting requirements to report suspected child abuse or neglect, including child sexual abuse, immediately, and clarifying that notifying a person in charge, supervisor, or superior does not exempt one from their mandate to report.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
