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How to Report

West Virginia (WV)

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Who is 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

When is a report required?

Citation: Ann. Code § 49-2-803

A mandated reporter who has reasonable cause to suspect that a child is abused or neglected or observes the child being subjected to conditions that are likely to result in abuse or neglect shall immediately, and no more than 48 hours after suspecting this abuse or neglect, report the circumstances or cause a report to be made to the Department of Health and Human Resources. In any case in which the reporter believes that the child suffered serious physical abuse, sexual abuse, or sexual assault, the reporter also shall report immediately to the State police and any law enforcement agency having jurisdiction to investigate the complaint.

Any person over age 18 who receives a disclosure from a credible witness or observes any sexual abuse or sexual assault of a child shall immediately, and no more than 48 hours after receiving such a disclosure or observing the sexual abuse or sexual assault, make a report to the department or the State police or other law enforcement agency having jurisdiction to investigate the report.

What information should the report include?

Citation: Ann. Code § 49-2-803

DHHR Bureau for Children and Families website states that the following information should be provided:

  • Demographic information of the victim(s)
  • Type of abuse or neglect suspected
  • Whether the victim is in imminent danger
  • Location of the victim and caregivers
  • Whether there is a protective caregiver present
  • Whether the alleged perpetrator has access to the victim
  • General functioning of victim and caregivers
  • Any safety threats for first responders

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.