Current through Register Vol. XLI, No. 50, December 13, 2024
Section 78-27-2 - Definitions2.1. "Assessment" means the gathering of information by a child protective service worker to determine if a child has been abused or neglected, or both, by a parent, guardian, or custodian.2.2. "Board of Review" means the board of review organized by the Department pursuant to W. Va. Code § 9-2-6(13).2.3. "Bureau" means the Bureau for Social Services of the West Virginia Department of Human Services.2.4. "Child abuse and neglect" or "Child abuse or neglect" or "Child abuse and/or neglect" means any act or omission that creates an abused child or a neglected child as those terms are defined in W. Va. Code § 49-1-201.2.5. "Custodian" means a person who has or shares actual physical possession or care and custody of a child regardless of whether such person has been granted custody of the child by a contract, agreement, or legal proceeding.2.6. "Department" means West Virginia Department of Human Services.2.7. "Guardian" means an individual who has been court appointed to care for a child and make decisions on the child's behalf.2.8. "Hearing request form" means a document created by the Board of Review that initiates the administrative hearing process.2.9. "Institutional Investigative Unit" (IIU) means the unit within the Bureau that investigates child abuse and neglect allegations by foster parents or individuals employed by a child-care facility (78CSR1); residential facility (78CSR3); family child-care facility (78CSR18); family child-care home (78CSR19); out of school time child-care center (78CSR21); a youth detention facility operated by the Department of Homeland Security, Division of Corrections and Rehabilitations, Bureau of Juvenile Services; or school personnel.2.10. "Investigation" means the gathering of information by a child protective service worker or IIU worker to determine if a child has been abused or neglected, or both, by a parent, guardian, or custodian.2.11. "Maltreatment substantiation" means the determination by a child protective service worker or IIU worker that the parent, guardian, or custodian has abused or neglected a child as defined in W. Va. Code § 49-1-201. Maltreatment is considered to have occurred when a preponderance of the credible evidence indicates that the conduct of the parent, guardian, or custodian is child abuse or neglect, or both.2.12. "Maltreater" means a parent, guardian, or custodian who has been determined by the Department to have abused or neglected a child as defined in W. Va. Code § 49-1-201.2.13. "Notice" means a letter prepared by the Bureau to provide notification of a maltreatment substantiation.2.14. "Supervisor" means an individual who oversees the work product of a child protective service worker or IIU worker.