Current through Register Vol. XLI, No. 50, December 13, 2024
Section 78-27-8 - Procedure for sealing records of maltreatment substantiation8.1. When any allegation of abuse or neglect is substantiated and a petition for abuse or neglect could be filed pursuant to W. Va. Code § 49-4-601, et seq., and the bureau does not file a petition, all bureau records related to the allegation shall be sealed one year after the substantiation is made: Provided, That the person who is the subject of the allegation does not have another substantiation of abuse or neglect against them during the one-year period following the initial substantiation. 8.1.1. The provisions of subsection 8.1 of this rule do not apply to a person against whom an allegation is substantiated but the circumstances do not allow for the filing of a petition for abuse or neglect pursuant to W. Va. Code § 49-4-601, et seq.8.2. When any allegation of abuse or neglect is substantiated by the bureau and a petition is filed with the circuit court, which does not result in a judicial determination that abuse or neglect occurred, the bureau must overturn its substantiation and consider the alleged abuse or neglect unsubstantiated. The bureau shall follow the same procedure for overturning a maltreatment substantiation listed in section 7 of this rule.8.3. When any allegation of abuse or neglect is substantiated and a judicial determination of child abuse or neglect is made, a person may petition the circuit court in which they were found to be an abusive or neglectful parent or guardian to have the bureau's record(s) of his or her abuse or neglect sealed after no less than five years have elapsed since the finding of abuse or neglect was made. 8.3.1 In its consideration of a petition filed under subsection 8.3. of this rule, a court may, in its discretion, look at all factors related to the petition including, but not limited to, efforts at rehabilitation and family reunification.8.3.2. A petition to seal records under subsection 8.3. of this rule may not be filed if the person has been the subject of another, separate substantiated allegation of abuse or neglect during the five years between the initial finding of abuse or neglect and the filing of the petition.8.4. If a person's records are sealed under subsections 8.1. or 8.3. of this rule, the records cannot be referred to by the department when conducting any background checks of the person pursuant to inquiries relating to potential employment.