Current through December 29, 2025 · Last verified July 8, 2026
In one sentenceRule 48 requires a family court that suspects abuse or neglect to report it immediately and in writing, and sets out how jurisdiction shifts once an abuse petition is filed.
(a)Reports by Family Court. — If a family court has reasonable cause to suspect any minor child involved in family court proceedings has been abused or neglected, that family court shall immediately report the suspected abuse or neglect to the state child protective services agency, under W. Va. Code §§ 49-2-802, 49-2-803, and the circuit court.
(b)Written Referrals. — In addition to any oral communication made by the family court to the state child protective services agency pursuant to subdivision (a), the family court shall forthwith prepare and submit a written referral to the agency office in the county where the family court proceeding is pending and, at the same time, transmit copies of the referral to the appropriate circuit court in that county, as determined by the chief judge, and to the prosecuting attorney. Such written referral shall set forth the specific allegations or information that led to the family court’s determination of reasonable cause to suspect that a child or children involved in family court proceedings has been abused or neglected.
(c)Reports of Investigations of Child Abuse and Neglect. — The state child protective services agency shall promptly provide the family court, and the circuit court, and the prosecuting attorney copies of any report of any investigation regarding the abuse and neglect of any minor child involved in family court proceedings, including those investigations conducted pursuant to subsection
(b)above and Rule 3a of the Rules of Procedure for Child Abuse and Neglect Proceedings.
(d)Jurisdiction of Proceedings. — The family court shall retain full jurisdiction of proceedings until an abuse or neglect petition is filed. If an abuse or neglect petition is filed and the family court has entered an order regarding the allocation of custodial and decision-making responsibility between the parents, orders of the circuit court shall supersede and take precedence over any order of the family court regarding the allocation of custodial and decision-making responsibility between the parents. If the family court has not entered an order for the allocation of custodial and decision-making responsibility between the parents, the family court shall stay any further proceedings concerning the allocation of custodial and decision-making responsibility between the parents and defer to the orders of the circuit court.
(e)Material Change of Circumstances Reports. — While the Department of Health and Human Resources is under no duty to monitor cases for family courts, the Department shall advise the family court of any material change of circumstances involving the child or services to the child's family in any pending family court case in which the Department is involved but has not filed a petition under W. Va. Code §§ 49-4-601, et seq. The family court shall notify the Department of the closure or pendency of any such cases.
End
Amendment History
[Amended by order adopted November 27, 2001, effective January 1, 2002; by order entered and effective December 1, 2005; by order entered and effective April 3, 2006; and by order entered and effective November 7, 2007.]
Plain-English Summary
A family court with reasonable cause to suspect that a minor child in its proceedings has been abused or neglected must immediately report it to the state child protective services agency under the Code, and to the circuit court.
An oral report is not enough on its own. The family court must forthwith prepare a written referral to the agency office in the county where the proceeding is pending, and at the same time send copies to the appropriate circuit court in that county, as the chief judge determines, and to the prosecuting attorney. The referral must set out the specific allegations or information that led to the finding of reasonable cause.
Information flows back. The agency must promptly give the family court, the circuit court and the prosecuting attorney copies of any investigation report about a child involved in family court proceedings.
Jurisdiction then turns on whether a petition is filed. The family court keeps full jurisdiction until an abuse or neglect petition is filed. Once one is, if the family court has already made an allocation of custodial and decision-making responsibility, circuit court orders on that subject supersede and take precedence over it; if the family court has not, it must stay further proceedings on allocation and defer to the circuit court. Separately, while the Department has no duty to monitor family court cases, it must advise the family court of any material change of circumstances involving the child or services to the family in a pending case where it is involved but has filed no petition — and the family court tells the Department when such cases close or are pending.
Frequently Asked Questions
What must a family court do if it suspects abuse?
Immediately report the suspected abuse or neglect to the state child protective services agency and to the circuit court, and forthwith prepare and submit a written referral to the agency office in the county, with copies to the appropriate circuit court and the prosecuting attorney.
What must the written referral contain?
The specific allegations or information that led to the family court's determination of reasonable cause to suspect abuse or neglect.
Who gets the investigation report?
The family court, the circuit court and the prosecuting attorney, promptly, from the state child protective services agency.
What happens to the family court case if an abuse petition is filed?
Where the family court has already allocated custodial and decision-making responsibility, circuit court orders on that subject supersede its own. Where it has not, it must stay further proceedings on allocation and defer to the circuit court.
Does the Department monitor family court cases?
No, but it must advise the family court of any material change of circumstances involving the child or services to the family in a pending case where it is involved but has not filed a petition.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Practice and Procedure for Family Court (W. Va. R. Prac. & P. Fam. Ct. 48). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as:family court report child abuse west virginiawritten referral child protective services wv family courtjurisdiction abuse and neglect petition family court west virginiacircuit court supersedes family court custody order wv