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WEST VIRGINIA RECORD

Friday, November 1, 2024

Progress in the Year of the Child

Chief Justice Robin Jean Davis

By CHIEF JUSTICE ROBIN JEAN DAVIS

CHARLESTON -- In this, the Year of the Child, I am pleased to report that our state court system is making progress.

In August 2005, the federally funded Court Improvement Oversight Board (CIB) which I discussed in my previous article recommended a number of changes and additions to the legal rules governing child abuse and neglect proceedings. A group from various agencies came together this year to create a solution, including the state Department of Health and Human Resources under the leadership of Secretary Martha Yeager Walker, who is also the recipient of this year's Liberty Bell Award for her tireless work on behalf of West Virginia's children and families. The different branches of government came together and, instead of assigning blame, worked to solve problems. After much consideration and as a result of the diligent work of many people throughout the state, the Court voted unanimously to adopt the changes on March 15, 2006, and the new rules will go into effect on June 1, 2006.

The CIB recommended a total of sixteen new and amended court rules. The new rules require, among other directives, that state Child Protective Service (CPS) workers investigate child-abuse claims referred to them from family courts within a specified time-frame. The CPS workers then have 45 days to submit a report to the county prosecutor, family court and circuit court. This resolves the past dilemma in which there was a breakdown in communication between CPS workers and the courts. We acknowledged the communication gaps and took great strides to close every potential loophole.

Another new rule came about in light of issues arising from a case that was before the Court during our fall 2005 term. The case questioned which court – Family or Circuit – had authority to impose a child support obligation where a child is the subject of both a Family Court case and a child abuse and neglect proceeding in Circuit Court. The Circuit Court was ultimately found to have this authority. Now, under the new rules, where an Order is issued in an abuse and neglect proceeding that changes the custodial and decision-making responsibility for the affected child, or puts the child in the DHHR custody, it must also impose an obligation on one or both parents for support, maintenance and education of the child.

These new rules are part of a series of planned reforms that should ultimately eliminate a Family Court case backlog. One Family Court judge has been found to have a caseload comprising more than 1,900 cases a year. The state average is closer to 1,300 cases, while the suggested caseload for effective service is 900 cases. This backlog means that families must often wait months to resolve their divorce and child-custody cases. It is frustrating to the parties in a divorce to have to wait, for example, for a visitation schedule for their children. Such problems can, obviously, escalate.

In addition to the rule changes, the Court is working with the National Center on State Courts to further study problems and to develop additional solutions. Those solutions could include new case-management technology, more training for family court staff, and more judges in certain areas. Although West Virginia's court system still has a long way to go, I am pleased to report that we are making progress thus far in 2006, the Year of the Child.

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