House committee dials in on court reports in foster care cases

CHARLESTON, W.Va. — Legislation creating a bill of rights for foster children and foster families continued to move through the House of Delegates Tuesday with passage by the House Judiciary Committee.

The bill, HB 4092, was approved by the House Health Committee last week and will next head to the House Finance Committee.

Del. Brandon Steele

Members of the Judiciary Committee approved three amendments to the legislation Tuesday including a measure that focuses on the reports given to circuit judges in neglect and abuse cases by guardians ad litem.

The bipartisan amendment, sponsored by Delegates Brandon Steele, R-Raleigh, and Barbara Fleischauer, D-Monongalia, would require the reports to include reasons why certain people connected to the children in question were not interviewed for the report.

“It’s not forcing the guardian at litem to interview those people but to at least notify the court that ‘Hey, parent 1 requested that I interview these three people. I interviewed two of them but I didn’t interview the third one and this is why,'” Steele said.

A guardian ad litem is court-appointed to investigate what would be best for the child in an abuse and neglect situation. Many of those children are placed in foster care. There are approximately 7,000 West Virginia kids currently in foster care, mainly because of the opioid epidemic.

Steele said it’s important that the judge is aware of people who didn’t get interviewed and at least is given a reason on why they weren’t.

“And then the court can make a judgment call,” Steele said.

The guardian ad litem holds a lot of power and sway over the court in abuse and neglect cases, Steele said.

“That report a lot of times is wholesale adopted by the judge without a lot of hashing it out like we do here,” Steele said.

House Judiciary Chair John Shott

The bill also looks at the possibility of raising the per diem for foster care families but the judiciary committee didn’t deal with that issue Tuesday. Chairman John Shott, R-Mercer, said the bill would be sent to the House Finance Committee to discuss it. A possible cost between $16-18 million for a per diem increase was mentioned Tuesday.

Other bills focusing on foster care including a measure that cuts the waiting period for the finalization of adoption cases and a bill that better defines the the responsibilities and powers of the newly-established foster care ombudsman are moving through the House.





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