Extending time frame for Department of Human Services to identify relatives and fictive kin
Summary
SB 813 amends West Virginia Code §49-4-601a to give the Department of Human Services more time to identify relatives and fictive kin of a child after an abuse or neglect petition is filed. The bill changes the initial deadline for the department to file a list of known relatives and fictive kin with the court from 7 calendar days to 21 calendar days after the petition for removal is filed. It also extends the period for other parties to submit their own list from 7 days to 21 days after the department’s filing.
The bill further lengthens the deadline for the department to investigate those identified individuals and report whether they are willing and able to serve as foster or kinship parents, changing that deadline from 45 days to 60 days after the petition is filed. The underlying placement preference for relatives and fictive kin remains unchanged, as does the department’s duty to search for and notify potential kinship caregivers.
Impact
This bill would directly amend the child welfare procedures in §49-4-601a of the West Virginia Code by extending statutory timelines for kinship identification and assessment in abuse and neglect cases. It affects the Department of Human Services, courts handling child removal and abuse/neglect petitions, and families or other parties who may identify relatives or fictive kin for placement consideration. The practical effect is to give the department additional time to complete searches and evaluations before filing reports with the court.
Sentiment
The available bill text and context suggest a neutral, administrative measure rather than a controversial policy change. The stated purpose is procedural: to extend deadlines for identifying relatives and fictive kin, which may be viewed as giving the department more realistic time to complete required searches and assessments. No committee transcripts or recorded votes were provided, so there is no evidence in the record supplied of opposition, support, or debate.
Contention
No specific points of contention are documented in the provided materials. Potential areas of concern, if raised, would likely involve whether extending the deadlines could delay kinship placements for children in foster care or, conversely, whether the current deadlines are too short for the department to conduct thorough searches. Any disagreement would likely center on balancing speed in child placement against the completeness of relative and fictive kin identification.
Making a supplementary appropriation to the Department of Human Services, Bureau for Medical Services – Policy and Programming and State Board of Education – State Department of Education