Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-17-2 - DefinitionsAs used in this rule, unless in a context that clearly requires a different meaning the following terms are defined as such:
2.1. "Child Abuse and Neglect Registry" -- the registry of offenders of child abuse or neglect upon conviction or when found not guilty by reason of mental illness, mental retardation or addiction. These offenses include, but are not limited to, §§ 61-8D-2, 61-8D-2a, 61-8D-3, 61-8D-3a. 61-8D-4 or 61-8D-4a. These also include, but are not limited to, offenses with similar provisions in another state, federal or military jurisdiction or municipal ordinances which possess the same elements of the qualifying offenses. Also included are those offenses in which a person upon conviction of a criminal offense(s) against a child in his or her household or in which the person convicted has custodial responsibility, the sentencing judge makes a written finding that there is a continued likelihood that the person convicted will continue to have regular contact with that child or other children and that as such it is in the best interest of the child or children for that person to be monitored. This registry is maintained by the West Virginia State Police and housed in the Criminal Records Section.2.2. "Child Protection Act" -- herein known as the Act. Article 15-11-1 et. seg. of the West Virginia Criminal Code, that sets forth the creation of the Child Abuse and Neglect Investigations Unit within the West Virginia State Police particularizing in child abuse and neglect investigations, the requirement that state and local entities report information to the unit, and for the provision for the creation and maintenance of statistical indexes of child abuse and neglect allegations and convictions.2.3. "Child Protective Services" -- herein know as CPS. A specialized component of the broader public system of services to children and families, known as West Virginia Department of Health and Human Resources (DHHR), Bureau for Children and Families (BCF) which is a system of Risk and Safety Based Decision-Making Model. This model is adapted from the Child at Risk Field system developed by ACTION for Child Protection, a non-profit child welfare agency. CPS intervention is to be for the purpose of protecting and controlling the safety of children who are at risk of maltreatment and to provide services to alter the conditions which created the risk of maltreatment.2.4. "Child Abuse and Neglect Investigations Unit" -- also known as the Child Protection Unit within the West Virginia State Police specializing in child abuse and neglect investigations consisting of a minimum of six members charged with the assistance of CPS workers and State Police members across the state in such matters, the provision of training, technical expertise and coordination of services for other law enforcement agencies, Child Protective Services caseworkers, prosecuting attorneys, multi-disciplinary investigative teams and the maintenance of the statistical index of child abuse and neglect allegations and conviction.2.5. "Child" -- any person under the age of eighteen who is not an emancipated minor.2.6. "Critical incident" -- a situation that leaves a child at risk for receiving a serious physical injury or has resulted in a child fatality.2.7. "Law enforcement" -- for the purposes of this rule, this definition applies to any police agency (state, county or municipal) located in the jurisdiction in which the incident in question occurred.2.8. "Multi-Disciplinary Investigative Team" -- herein known as MDIT. A team defined in § 49-5D-2, headed and directed by the county prosecuting attorney including a CPS caseworker, a local law enforcement officer, and where appropriate, a child advocacy center representative and a representative from the licensed domestic violence program serving the county. The MDIT is responsible for coordinating or cooperating in the initial and ongoing investigation of all civil and criminal allegations pertinent to cases involving child sexual assault, child sexual abuse, child abuse and neglect, and shall make recommendation to the county prosecuting attorney as to the initiation of commencement of a civil petition and/or criminal prosecution. A MDIT is not the same as a multi-disciplinary team as defined in § 49-1-3(g) and commonly known as a "treatment team".2.9. "Risk" -- the likelihood that a child will be maltreated without intervention.2.10. "Sexual abuse allegations" -- assertions of any inappropriate contact between the perpetrator and the victim's genitals, mouth, anus or breast, that include, but are not limited to the following acts; sexually suggestive verbal remarks and/or requests, intimate kissing or touching, fondling of genitals or breasts, intercourse, digital penetration, sodomy, oral sex, exhibitionism, exploitative or sexual coercion through prostitution or the production of pornographic materials whether for money or not.2.11. "Serious physical injury" -- any injury(ies) which threaten the life or the developmental progress of a child. Examples of serious physical injury include, but are not limited to, spinal fractures, multiple broken bones, head trauma, severe bruising to the head and neck, and/or genital mutilation.