Tag: child welfare

Child abuse and neglect filings are the single largest category of juvenile cases in West Virginia’s circuit courts — 5,472 cases in 2024, representing 61% of all juvenile court filings. If CPS contacts you, understanding the process can be the difference between keeping your family together and losing parental rights.

What Is CPS and Why Are They at My Door?

Child Protective Services (CPS) is part of the West Virginia Department of Human Services. When they receive a report of suspected abuse or neglect — from a teacher, neighbor, family member, or anonymous tipster — they are legally required to investigate. That investigation can include interviewing you, your children, and people in your life, and visiting your home.

Your Legal Rights During a CPS Investigation

• You have the right to know the general reason for the investigation.
• You have the right to refuse entry into your home — unless CPS has a court order or police are present with a warrant.
• You have the right to have an attorney present during interviews or home visits.
• Your child has the right to a guardian ad litem — an attorney appointed by the court to represent the child’s interests.
• You have the right to see and formally challenge any findings in CPS’s report.

What Happens If CPS Files an Abuse & Neglect Petition?

If CPS believes a child is in immediate danger, they can file a formal petition in circuit court. This begins a structured legal process with strict deadlines.

Hearing	Timeline	What Happens
Preliminary Hearing	Within 10 days of petition filing	Judge decides if child must be temporarily removed from the home
Adjudicatory Hearing	Within 60 days	Court determines whether abuse or neglect actually occurred
Dispositional Hearing	Within 60 days of adjudication	Court orders next steps: family reunification plan, required services, or termination of parental rights proceedings

“Overlap” Cases: When Family Court Sends a Case to Circuit Court

Sometimes a case starts in family court — such as a custody dispute — and a judge suspects child abuse or neglect. In that situation, the family court judge issues a written referral to CPS and notifies the circuit court. These are called “overlap” cases. In 2024, West Virginia circuit courts issued 659 Juvenile Administrative Orders from family court referrals — a number that has risen steadily since 2020.

How to Protect Your Parental Rights

• Get an attorney immediately. In abuse and neglect cases, if you cannot afford one, the court must appoint one for you.
• Attend every court hearing. Decisions can be made without you if you miss hearings.
• Follow your case plan. Courts order services like parenting classes, counseling, or substance abuse treatment. Completing these shows the court you are committed to your child’s safety.
• Stay involved with your child. Attend all visitation, school events, and medical appointments if permitted.
• Document everything. Keep records of every contact with CPS: dates, times, names, and what was said.

Family Visitation Centers

For families involved in high-conflict cases or cases with safety concerns, the West Virginia Supreme Court of Appeals funds supervised visitation centers across the state. In 2024, these centers served 359 clients, facilitating 295 supervised visitation sessions and 66 neutral drop-offs.

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