Establishment and Maintenance of Central Registries for Child Abuse or Neglect Reports - West Virginia

Date:

Establishment

Citation: Ann. Code §§ 15-2C-2; 15-13-2

The Criminal Identification Bureau of the West Virginia State Police shall establish a central abuse registry to contain information relating to criminal convictions involving child abuse or neglect and information relating to individuals required to be registered as sex offenders.

If a person has been convicted of any criminal offense against a child in his or her household or of whom he or she has custodial responsibility, and the sentencing judge makes a written finding that there is a likelihood that the person will continue to have regular contact with that child or other children and that as such it is in the best interests of the child or children for that person to be monitored, then that person is subject to the reporting requirements of this article.

The State Police shall maintain a central registry of all persons who register under this article and shall release information only as provided in this article.

Purpose

Citation: Ann. Code §§ 15-2C-9; 15-13-1; 15-13-5

Any business, agency, or organization that provides care, treatment, education, training, instruction, supervision, or recreation for children may utilize the central abuse registry for part of its screening process for its current and/or prospective employees.

It is the intent of this article to assist law enforcement agencies' efforts to protect children from abuse and neglect by requiring persons convicted of child abuse or neglect to register with the State Police. It is not the intent of the legislature that this act be used to inflict retribution or additional punishment on any person convicted of any offense requiring registration under this article. This article is intended to be regulatory in nature and not penal, and it is intended to provide for the safety of children who are exposed to persons convicted of child abuse and neglect.

The State Police may furnish information and documentation required in connection with the registration to authorized law enforcement, campus police, and governmental agencies of other States and of the State of West Virginia upon proper request stating that the records will be used solely for law enforcement-related purposes. The State Police may disclose information collected under this article to Federal, State, and local governmental agencies responsible for conducting preemployment checks.

Contents

Citation: Ann. Code § 15-2C-2

The central abuse registry shall contain the following information:

  • The individual's full name
  • Sufficient information to identify the individual, including date of birth, Social Security number, and fingerprints, if available
  • Identification of the criminal offense constituting abuse or neglect of a child
  • For cases involving abuse or neglect of a child, sufficient information to identify the location where the documentation of any investigation by the Department of Health and Human Resources is on file and the location of pertinent court files
  • Any statement by the individual disputing the conviction, if he or she chooses to make and file one

Maintenance

Citation: Ann. Code §§ 15-2C-2; 15-13-3; 15-13-4

Upon conviction in the criminal courts of this State of a misdemeanor or a felony offense constituting child abuse or neglect, the individual so convicted shall be placed on the central abuse registry.

When any person required to register under this article changes his or her residence or address or when any of the other information required by this article changes, he or she shall, within 10 business days, inform the West Virginia State Police of the changes.

A person required to register pursuant to the provisions of this article shall continue to comply with this section, except during ensuing periods of incarceration or confinement, until 10 years have elapsed since the person was released from prison, jail, or a mental health facility or 10 years have elapsed since the person was placed on probation, parole, or supervised or conditional release. The 10-year registration period shall not be reduced by the offender's release from probation, parole, or supervised or conditional release.