Chapter 48, Chapter 48

For purposes of this article, the words or terms defined in this article, and any variation of those words or terms required by the context, have the meanings ascribed to them. These definitions are applicable unless a different meaning clearly appears from the context.

"Advocacy" means assisting victims and survivors of domestic violence, dating violence, sexual assault, stalking or human trafficking, and their children, in securing rights, remedies and services, by directly providing for, or referring to public and private agencies to provide …

"Abuse intervention program" means a licensed educational program that provides classes to individuals who commit acts of domestic violence or abuse, offering nonviolent strategies and values that promote respect and equality in intimate partner relationships.

"Board" means the Family Protection Services Board created pursuant to Chapter 53 of the Acts of the Legislature of 1989 and subsequently recodified by this article.

"Closure" means the temporary or permanent prohibition of specified services and the corresponding suspension of licensure of a program or program component that violates the standards established by the board or that threatens the health, well being or safety of its program part…

"Department" means the Department of Human Services.

"Domestic Violence Legal Services Fund" means the special revenue account established by section six hundred three of this article for the purposes set forth in that section.

"Domestic violence program" means a licensed program of a locally controlled nonprofit organization, established primarily for the purpose of providing advocacy services, comprising both a shelter component and an outreach component, to victims of domestic violence, dating violen…

"Family Protection Fund" means the special revenue account established by Chapter 74 of the Acts of the Legislature of 1981, held by the department, for the purpose of collecting marriage license fees pursuant to section ten, article one, chapter fifty-nine of this code, divorce …

"Intimate partner" means a current or former spouse, a person with whom one shares a child in common, a person with whom one is cohabiting or has cohabited, or a person with whom one is or has been in a relationship of a romantic or intimate nature.

(a) "Conditional license" means a license issued for up to ninety days, to programs that have violations of safety or accountability standards that may threaten the health, well-being or safety of its program participants or staff, or the responsible operation of the program, or …

(a) "Monitored parenting" means the contact between a parent without custodial responsibility, guardian or other adult and one or more children, in the presence of a third person who monitors the contact to promote the safety of the participants. (b) "Monitored exchange" means th…

"Outreach" means a licensed domestic violence program's community-based activities that increase awareness and availability of services, in every county within the program's regional service area, to victims and survivors of domestic violence, dating violence, sexual assault, sta…

"Shelter" means residential services offered by a licensed domestic violence program on a temporary basis, to persons who are victims of domestic violence, dating violence, sexual assault, stalking or human trafficking, and their children.

(a) The family protection services board, is continued. (b) Membership of the board is comprised of seven persons. The Governor, with the advice and consent of the Senate, shall appoint five members of the board who meet the following qualifications: (1) One member must be a dire…

(a) The board shall: (1) Propose rules for legislative approval, in accordance with the provisions of §29A-3-1 et seq. of this code, to implement the provisions of this article and any applicable federal guidelines; (2) Receive and consider applications for licensure of domestic …

(a) No domestic violence program, abuse intervention program or monitored parenting and exchange program may represent that it is licensed unless it is licensed by the board pursuant to the provisions of this article and the legislative rules promulgated pursuant to this article.…

(a) The board shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to effectuate the provisions of this article. (b) The rules shall include, at a minimum: (1) Operating procedures of the board; (2) Minimum standards, inc…

(a) The board may close any program that violates the standards established under this article or that threatens the health, well-being or safety of its participants or staff: Provided, That if a shelter is closed, the governing body of the program, in conjunction with the board,…

Domestic violence shelters established pursuant to section four hundred two of this article, called the domestic violence act, shall not be subject to the enforcement of municipal zoning ordinances on the basis of being in noncompliance or variance with a particular use district:…

(a) When a license for a program is downgraded or discontinued through permanent or temporary closure, the program's governing body is entitled to a hearing before the board. (b) Hearings shall be held in accordance with the provisions of article five, chapter twenty-nine-a of th…

(a) The Bureau for Public Health in consultation with the family protection services board, shall: (1) Assess the impact of domestic violence on public health; and (2) Develop a state public health plan for reducing the incidence of domestic violence in this state. (b) The state …

(a) The Bureau for Public Health shall make available to health care facilities and practitioners a written form notice of the rights of victims and the remedies and services available to victims of domestic violence. (b) A health care practitioner whose patient has injuries or c…

(a) The Bureau for Public Health of the Department of Health and Human Resources shall publish model standards, including specialized procedures and curricula, concerning domestic violence for health care facilities, practitioners and personnel. (b) The procedures and curricula s…

(a) There is continued in the State Treasury a special revenue account, designated as the "Domestic Violence Legal Services Fund," that shall be an appropriated fund for receipt of grants, gifts, fees, or federal or state funds designated for legal services for domestic violence …

(a) All programs licensed pursuant to this article shall report specific information annually as required by the board. (b) No information contained in a report may identify any person served by the program or enable any person to determine the identity of any such person.

(a) A program licensed pursuant to this article may not disclose, reveal, or release or be compelled to disclose, reveal, or release, any written records or personal or personally identifying information about a program participant created or maintained in providing services, reg…

(a)(1) Subject to the provisions of subdivision (2) of this subsection, the Department of Human Services shall provide or require continuing education concerning domestic violence for child protective services workers, adult protective services workers, social services workers, f…

(a)(1) Subject to the provisions of subdivision (2) of this subsection, as a part of the initial law-enforcement officer training required before a person may be employed as a law-enforcement officer pursuant to article twenty-nine, chapter thirty of this code, all law-enforcemen…

(a)(1) Subject to the provisions of subdivision (2) of this subsection, as a part of existing training for court personnel, the Supreme Court of Appeals shall develop and present courses of continuing education concerning domestic violence for magistrates assistants, and juvenile…

(a)(1) Subject to the provisions of subdivision (2) of this subsection, the state Board of Education shall select or develop: (A) Curricula that are appropriate for various ages for pupils concerning the dynamics of violence, prevention of violence, including domestic violence; a…

(a)(1) Subject to the provisions of subdivision (2) of this subsection, the state Department of Education shall provide or require courses of continuing education concerning domestic violence for employees who are required by law to report child abuse or neglect. (2) Funding for …

(a) When a law-enforcement officer observes any respondent abuse the petitioner or minor children or the respondent's physical presence at any location in knowing and willful violation of the terms of an emergency or final protective order issued under the provisions of this arti…

(a) Notwithstanding any provision of this code to the contrary, if a person is alleged to have committed a violation of the provisions of subsection (a) or (b), section twenty-eight, article two, chapter sixty-one of this code against a family or household member, in addition to …

(a) A law-enforcement officer of this state, upon determining that there is probable cause to believe that a valid protective order exists and that the order has been violated, shall enforce the order pursuant to any authority to arrest under the code. Presentation of a protectiv…

This state or a local governmental agency, or a law-enforcement officer, prosecuting attorney, clerk of court or any state or local governmental official acting in an official capacity, is immune from civil and criminal liability for an act or omission arising out of the enforcem…

(a) The Legislature of this state finds that: (1) Every person has a right to be safe and secure in his or her home and family and to be free from domestic violence. (2) Children are often physically assaulted or witness violence against one of their parents or other family or ho…

(a) Pleadings, practice and procedure in domestic violence matters before the court are governed by the rules of practice and procedure for domestic violence civil proceedings promulgated by the West Virginia Supreme Court of Appeals. (b) The West Virginia Supreme Court of Appeal…

The Governor's committee on crime, delinquency and correction shall develop and promulgate rules for state, county and municipal law-enforcement officers, law-enforcement agencies and communications and emergency operations centers which dispatch law-enforcement officers with reg…

All law-enforcement officers shall receive training relating to response to calls involving domestic violence.

All circuit court judges may and magistrates and family courts shall receive a minimum of three hours training each year on domestic violence which shall include training on the psychology of domestic violence, the battered wife and child syndromes, sexual abuse, courtroom treatm…

The Supreme Court of Appeals shall promulgate a procedural rule to establish time-keeping requirements for magistrates, magistrate court clerks and magistrate assistants so as to assure the maximum funding of incentive payments, grants and other funding sources available to the s…

For the purposes of this article and article 26-101, et seq., of this chapter, the words or terms defined in this article, and any variation of those words or terms required by the context, have the meanings ascribed to them in this section. These definitions are applicable unles…

"Domestic violence" or "abuse" means the occurrence of one or more of the following acts between family or household members, as that term is defined in section two hundred four of this article: (1) Attempting to cause or intentionally, knowingly or recklessly causing physical ha…

"Emergency hearing" means the hearing before a magistrate upon the filing of a petition for a protective order. An emergency hearing may be held ex parte.

"Family or household members" means persons who: (1) Are or were married to each other; (2) Are or were living together as spouses; (3) Are or were sexual or intimate partners; (4) Are or were dating: Provided, That a casual acquaintance or ordinary fraternization between persons…

"Final hearing" means the hearing before a family court judge following the entry of an order by a magistrate as a result of the emergency hearing.

(a) "Law-enforcement agency" means and is limited to: (1) The state police and its members; (2) A county sheriff and his or her law-enforcement deputies; (3) A police department in any municipality as defined in section two, article one, chapter eight of this code; and (4) Any fe…

"Program for victims of domestic violence" means a licensed program for victims of domestic violence and their children, which program provides advocacy, shelter, crisis intervention, social services, treatment, counseling, education or training.

"Program of intervention for perpetrators" means a licensed program, where available, or if no licensed program is available, a program that: (1) Accepts perpetrators of domestic violence into educational intervention groups or counseling pursuant to a court order; or (2) Offers …