West Virginia Child Abuse Laws

West Virginia child abuse laws define abuse as actions like intentional physical harm, emotional injury, sexual exploitation, neglect, and abandonment. The Department of Health and Human Resources oversees reported cases of abuse throughout the state. Mandatory reporters, such as healthcare and education professionals, must report suspected abuse within 24 hours. Penalties for child abuse can be severe, including life imprisonment for abuse resulting in death. Child Protective Services (CPS) investigates reports and may remove children from homes in emergency situations, and removal is immediate if the child is in imminent danger. Anonymous reporting is allowed, and good-faith reporters are protected from liability.

West Virginia law defines child abuse, mandatory reporters, and the penalties for abuse and failing to report abuse. The laws also provide for foster care placement and reunification plans with parents once they correct the situation.

West Virginia Abuse and Reporting Laws

West Virginia child services enforces all reports of abuse, neglect, and endangered children. When anyone reports suspected abuse or neglect, CPS must investigate and file a report with the family circuit court judge within 48 hours. Courts make all decisions with the immediate physical well-being of the child foremost.

Child Abuse (West Virginia Code § 49-1-201)

Under West Virginia law, child abuse can mean:

• Intentional infliction of serious bodily injury, including physical injury due to excessive corporal punishment
• Intentional infliction of substantial emotional injury
• Sexual abuse or sexual exploitation, including human trafficking or exhibitionism
• Sale or attempted sale of a child for any purpose
• Domestic violence, whether directed at the child or another individual in the household
• Neglect or negligent treatment, such as nutritional deprivation
• Abandonment, meaning leaving a child without sufficient food, clothing, shelter, or medical care
• Any circumstances that harm or threaten the health and welfare of the child

This is not an exhaustive list.

Mandatory Reporting (West Virginia Code § 49-2-801 et seq.)

A mandatory reporter is someone whose job or position in the community brings them into frequent contact with children. Mandatory reporters must immediately report any suspected or observed child abuse to Health and Human Services within 24 hours of noticing such abuse.

Each state has its own list of mandated reporters. In West Virginia, mandated reporters include:

• Medical, dental, or mental health professionals
• Religious healers or Christian Science practitioners
• Child care or foster care workers
• Emergency medical care providers, including EMTs, paramedics, and hospital staff
• Law enforcement, including animal control officers
• Members of clergy and ministerial or church staff
• Teachers and school personnel
• Social services workers and staff
• Any other person whose job brings them into close contact with children on a regular basis

Any person over the age of 18 who receives information from a credible witness or who observes sexual abuse or sexual assault on a child must report such abuse to the Department of Health and Human Services or the West Virginia State Police within 24 hours for investigation.

There is no mandatory requirement for suspected sexual abuse absent other witness statements or direct observation. Good-faith reporters of suspected child abuse and sexual abuse are immune from civil and criminal liability.

Penalties (West Virginia Code § 61-8D-1 et seq.)

In a child abuse case, the child’s parents appear before a family court judge to determine the severity of the case. The judge will decide whether to order the child’s removal, depending on the nature of the offense and the home situation. Family courts operate in the best interest of the child. Even in serious cases, removing an abused child from the family home is not always the worthiest option.

CPS and a team from Human Services develop a permanency plan for the child’s parents. The plan contains the services available for the parents, such as financial support and housing assistance. It may also require parents to attend parenting classes, anger management programs, or substance abuse treatment.

If the parents cannot successfully convince the judge that they have corrected the problem, the child will be removed from the home.

Child abuse and neglect are felonies in West Virginia. Depending on the nature of the offense, an abuser could receive up to life in prison. If parents cannot complete the case plan developed by CPS or show signs of inflicting serious physical abuse, courts will file criminal charges against offenders.

In 2017, West Virginia Governor Jim Justice signed “Emmaleigh’s Law” which doubled the penalties for child abuse resulting in death. These include:

• Intentional abuse or neglect resulting in death is first-degree murder and is punishable by life in prison without parole
• Child abuse resulting in death is punishable by 15 years to life, with no parole for 15 years
• Child abuse resulting in injury or abuse creating a risk of injury is punishable by a sentence of one to five years in prison, or up to 10 years in prison for serious injury
• Child neglect resulting in injury or gross neglect creating a risk of injury are felonies punishable by up to 10 years in prison
• Child neglect resulting in death without injury or intent is a felony punishable by three to 15 years’ imprisonment and a fine of between $1,000 and $5,000

Child sexual abuse is a separate offense. Any parent, custodian, or caregiver of a minor child who engages in any sexual act with that child is guilty of a felony. The law does not provide any defense for the offender in these cases. The penalty is 10 to 20 years incarceration.

Reporting Child Abuse

Mandated reporters and other interested parties should contact the Department of Human Services Centralized Intake for Abuse and Neglect Hotline at 1-800-352-6513. The can also contact the West Virginia State Police. Mandated reporters must have reasonable cause for their claims.

West Virginia allows anonymous reporting of child abuse and neglect.

Research the Law

• West Virginia Law
• Official State Codes

Related Resources

• How To Report Child Abuse
• Do’s and Don’ts of False Allegations of Child Abuse
• Child Abuse Cases

Get Legal Advice From a West Virginia Family Law Attorney

Child abuse cases involve both children and parental rights. Concerned family members and others involved in these cases should contact a West Virginia family law attorney to protect their rights and those of the child.