Child Protection in the Family Court System I. Introduction Families - PDF document

Child Protection in the Family Court System I. Introduction Families involved with child protective services (CPS) often face multiple problems and complex challenges, some of which require court involvement. In West Virginia, cases of maltreatment or juvenile delinquency are resolved in Circuit Court. However, allegations of child abuse or neglect may also arise in Family Court. While the allegations may be similar, the process and rights are different, which can cause confusion among caseworkers, as well as families. This session will assist professionals understand the role of Family Court and the resources available to provide parental access that keeps children safe. At the conclusion, you will be able to provide general information and recognize appropriate referrals for those seeking to protect children in Family Court. Finally, we will discuss testifying in Family Court – what you can expect if called to testify, as well as a child ’ s voice. II. When Children Experience Domestic Violence, Abuse and Neglect, or Drug Endangerment III. The Role of Family Court in the West Virginia Judiciary A. Establishment B. Staffing C. Jurisdiction D. When Family Courts and Circuit Courts Overlap IV. Resources Available to Family Court Judges A. Parent Education B. Mediation C. Guardians Ad Litem D. Supervised Visitation E. Drug Testing WVCAN 2019 Conference April 10, 2019 Page 2

Child Protection in the Family Court System V. Family Court Proceedings Used to Protect Children A. Custodial Allocation (stand-alone proceeding or within the context of a divorce) B. Petition to Modify or Enforce an Order C. Domestic Violence Petition D. Infant Guardianship Proceeding VI. Filing a Family Court Case A. Form Pleadings for Self-Represented Litigants B. Fees and Costs C. Legal Assistance D. Procedural Issues VII. Testifying in Family Court A. Proffer vs. Witness Testimony B. Telephonic Appearance C. The Child Witness VIII. Finding the Law A. Statutes B. Rules C. Cases IX. Appendix WVCAN 2019 Conference April 10, 2019 Page 3