WEST VIRGINIA
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
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Professionals required to report
Citation: Ann. Code § 49-2-803
The following professionals are required to report:
• Medical, dental, or mental health professionals
• Christian Science practitioners or religious healers
• Teachers or other school personnel
• Social service, child care, or foster care workers
• Emergency medical services personnel
• Peace officers, law enforcement officials, or humane officers
• Members of the clergy
• Circuit court judges, family court judges, employees of the Division of Juvenile Services, or magistrates
• Youth camp administrators, counselors, employees, coaches, or volunteers of entities that provide organized activities for
children
• Commercial film or photographic print processors
Other persons required to report
Citation: Ann. Code § 49-2-803
Nothing in this article is intended to prevent individuals from reporting suspected abuse or neglect on their own behalf. In addition
to those persons and officials specifically required to report situations involving suspected abuse or neglect of children, any other person may make a report if that person has reasonable cause to suspect that a child has been abused or neglected in a home or
institution or observes the child being subjected to conditions or circumstances that would reasonably result in abuse or neglect.
Institutional responsibility to report
Citation: Ann. Code § 49-2-803
Any person required to report who is a member of the staff or volunteer of a public or private institution, school, entity that provides organized activities for children, facility, or agency also shall immediately notify the person in charge of the institution, school, entity that provides organized activities for children, facility, or agency, or a designated agent thereof, who may supplement the report or cause an additional report to be made. Notifying a person in charge, supervisor, or superior does not exempt a person from his or her mandate to report suspected abuse or neglect.
WHAT ARE THEY REQUIRED TO REPORT
Citation: Ann. Code § 49-2-803
Any mandatory reporter who has reasonable cause to suspect that a child is neglected or abused or observes the child being
subjected to conditions that are likely to result in abuse or neglect, including sexual abuse or sexual assault, shall report the circumstances to the Department of Health and Human Resources. In any case where the reporter believes that the child suffered serious physical abuse or sexual abuse or sexual assault, the reporter shall also immediately report, or cause a report to be made, to the State police and any law enforcement agency having jurisdiction to investigate the complaint.
PENALTIES FOR FAILING TO REPORT
Failure to Report
Citation: Ann. Code § 49-2-812
Any person, official, or institution required by this article to report a case involving a child known or suspected to be abused or neglected who knowingly fails to do so or knowingly prevents another person acting reasonably from doing so, is guilty of a misdemeanor and, upon conviction, shall be confined in jail not more than 90 days or fined not more than $5,000, or both fined and confined.
Any person, official, or institution required by this article to report a case involving a child known or suspected to be sexually assaulted or sexually abused, or a student known or suspected to have been a victim of any nonconsensual sexual contact, sexual intercourse, or sexual intrusion on school premises, who knowingly fails to do so or knowingly prevents another person acting reasonably from doing so is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not more than 6 months or fined not more than $10,000, or both.
PENALTIES FOR FALSE REPORTING
This issue is not addressed in the statutes reviewed.
PRIVILEGED COMMUNICATIONS
Citation: Ann. Code § 49-2-811
The privileged quality of communications between husband and wife and between any professional person and his or her patient or client, except that between attorney and client, cannot be invoked in situations involving suspected or known child abuse or neglect.
REPORTER’S IDENTITY
Inclusion of Reporter’s Name in Report
The reporter is not specifically required by statute to provide his or her name in the report.
Disclosure of Reporter Identity
Citation: Ann. Code § 49-5-101
Information related to child abuse or neglect proceedings, except information relating to the identity of the person reporting or making a complaint of child abuse or neglect, shall be made available, upon request, to the agencies and entities listed in the statute.