WV Code §49-6A-2 states that when any mandated reporter has reasonable cause to suspect that a child is neglected or abused or observes the child being subjected to conditions that are likely to result in abuse or neglect, such person shall immediately, and not more than forty-eight hours after suspecting this abuse, report the circumstances or cause a report to be made to the Department of Health and Human Resources: Provided, That 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: Provided, however, That any person required to report under this article who is a member of the staff of a public or private institution, school, facility or agency shall immediately notify the person in charge of such institution, school, facility or agency, or a designated agent thereof, who shall report or cause a report to be made. However, nothing in this article is intended to prevent individuals from reporting on their own behalf.
Reports of child abuse and neglect pursuant to this article (WV Code §49-6A-5) shall be made immediately by telephone to the local WV Department of Health and Human Resources, Child Protective Service agency and shall be followed by a written report within forty-eight hours if so requested by the receiving agency. The WV Department of Health and Human Resources maintains a twenty-four hour, seven-day-a-week telephone number to receive such calls reporting suspected or known child abuse or neglect (1-800-352-6513).
A copy of any report of serious physical abuse, sexual abuse or assault shall be forwarded by the WV Department of Health and Human Resources, to the appropriate law-enforcement agency, the prosecuting attorney or the coroner or medical examiner's office. All reports under this article shall be confidential and unless there are pending proceedings with regard thereto shall be destroyed thirty years following their preparation. Reports of known or suspected institutional child abuse or neglect shall be made and received as all other reports made pursuant to this article.
This law, WV Code §49-6A-6 requires only a reasonable cause to suspect child abuse for a report to be made. Any person, official or institution participating in good faith in any act permitted or required by this article shall be immune from any civil or criminal liability that otherwise might result by reason of such actions.
All reports are confidential with one potential exception: a Family Law Judge can ask who the reporter was in certain circumstances (WV Code §48-9-209 (10)(e)).
- (1) A parent who believes he or she is the subject of activities by the other parent described in subdivision (5) of subsection (a), may move the court pursuant to subdivision (4), subsection (b), section one, article seven, chapter forty-nine of this code for the Department of Health and Human Resources to disclose whether the other parent was the source of the allegation and, if so, whether the Department found the report to be:
-
- (A) Substantiated;
- (B) Unsubstantiated;
- (C) Inconclusive; or
- (D) Still under investigation.
- (2) If the court grants a motion pursuant to this subsection, disclosure by the Department of Health and Human Resources shall be in camera. The court may disclose to the parties information received from the Department only if it has reason to believe a parent knowingly made a false report.