LEGAL GUIDE LEGAL OPTIONS FOR RELATIVE CAREGIVERS IN WEST VIRGINIA

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1 LEGAL GUIDE LEGAL OPTIONS FOR RELATIVE CAREGIVERS IN WEST VIRGINIA Made possible by the following: Support and Development: Legal Aid of West Virginia, WV Childrens Defense Fund, Senior Legal Aid, and the WVU School of Law Funding and Workshops: West Virginia Bureau of Senior Services Revised January 2011

2 Table of Contents Introduction How do children come to be in these arrangements? What this guide is What this guide is not Special thanks Legal Options When The State Is Not Involved...1 Oral Agreement... 1 Temporary Written Agreement... 1 Voluntary Consent for the Termination of Parental Rights... 3 Child Neglect or Abuse Action... 4 Adoption... 4 Legal Options When The State Is Involved...7 Legal Guardianship... 7 Formal Kinship Care... 8 Adoption... 9 Special Issues...10 Abandonment Grandparent Visitation Guardianship Statute Native American Children: Special Laws Glossary...13 Legal Resources...16 Project Partners and Funders...18

3 LEGAL GUIDE LEGAL OPTIONS FOR RELATIVE CAREGIVERS IN WEST VIRGINIA Introduction The 2000 Census revealed that there are currently over six million children living in grandparent or other relative-maintained households in the United States. In West Virginia, there are more than 28,000 children living in this situation. Most often, grandparents become the caregivers for these children. Throughout the state, almost 31,000 grandparent-headed households (grandparents living in household with one or more of their own grandchildren under 18 years of age) were reported in 2000Cand 52.4% (over 16,000) stated they were the primary person responsible for their grandchildren=s care. Though this is certainly not a new phenomenon, it is a rapidly growing trend that transcends all socioeconomic groups, geographic areas, and ethnicities. How do children come to be in these arrangements? According to a study conducted by the Urban Institute (1997), 11% of the children were placed with relatives by social service agencies, as an adjunct to an abuse and neglect proceeding brought against the parents. Seventeen percent (17%) were living with grandparents because of informal interventions by child protective services. But by far the vast majority of such childrenc72%cwere in these care giving relationships through the informal, consensual arrangements of the adults involved. One of the challenges relative caregivers face is establishing a legal relationship with the child or children in their care. It is our experience that relative caregivers are in desperate need of information on legal issues and options. This guide was developed to help address this need. What this guide isy This guide was designed to provide an overview of options for relative caregivers in the state of West Virginia. It is intended to offer general legal information and guidance only. It is a road map to help relative caregivers decide which direction to go. This manual is divided into six sections. The first two sections discuss legal alternatives for relative caregiverscfirst when the state is not involved in the life of the child and second when the state is involved. A special issues section follows, which outlines unique issues for consideration. A glossary of commonly used terms is next. Legal resources are then highlighted. Finally, additional information on the Relatives As Parents Program is offered.

4 What this guide is noty While the information in this guide is about legal issues, it is not legal advice or legal representation. This manual cannot and is not intended to provide a complete answer to individual legal problems. You should contact an attorney for advice for your specific legal situation. Because of the rapidly changing nature of the law and our reliance upon outside sources, we make no guarantee of the accuracy or reliability of the information. For more information on legal assistance, see the legal resource section of this manual. Special thanks We would like to acknowledge those that supported the development of this manual: Mary Bissell (Children=s Defense Fund), Marjorie Anne McDiarmid (WVU School of Law), Cathy McConnell (West Virginia Senior Legal Aid), Maria Hughes (Attorney at Law), & Devin True (Legal Aid of West Virginia). We would also like to thank the West Virginia Bureau of Senior Services who provided funding for workshops on legal issues that accompanied this guide.

5 LEGAL OPTIONS WHEN THE STATE IS NOT INVOLVED This section explains options available to establish legal relationships between relative caregivers and the children in their care. They range in intensity from the least permanent and legal arrangement to the most permanent. The options as discussed in this section are not available if the children are in the legal custody of the state. Oral Agreement Temporary Written Agreement Voluntary Consent for the Termination of Parental Rights Child Abuse or Neglect Action Adoption What is an oral agreement? ORAL AGREEMENT This situation involves a verbal discussion between a parent and a non-parental caregiver about the living arrangements for a child. The West Virginia Supreme Court of Appeals has not addressed custody situations when an oral agreement (and no written document) has been established. Thus the parents, regardless of any verbal understanding made between the caregiver and the parents, hold all legal rights and responsibilities to the child. It is obviously desirable, both for purposes of custody disputes and for dealing with other agency/service providers (such as medical and educational providers), to secure in writing any consensual custody allocation to a non-parent. What is a temporary written agreement? TEMPORARY WRITTEN AGREEMENT A temporary written agreement is a written document by which a parent gives another person the authority to care for and make decisions regarding a child. It may set a period of time the transfer of custody shall last. It can also set the end of the custodial period upon some event or by mutual agreement. The agreement can give the caregiver the authority to make decisions regarding the care of the child including authorizing medical treatment, enrolling the child in school, and providing a home and supervision for the child. It does not and cannot give the caregiver the authority to consent to marriage or adoption of the child. It is not legal custody, but an agreement between the parties regarding the care of children.

6 This agreement usually anticipates that the child=s parents will return in some designated time period or upon some event and care for the childcthus all parental rights remain intact. It may be revoked in writing at any time by the child=s parents or caregivers. If revoked in writing, it will not allow a caregiver to prevent the child=s parents from removing the child from his or her care at any time. Further, the West Virginia Supreme Court of Appeals has not addressed the situation in which a parent made a temporary grant of custody and then did not resume custody despite the passage of significant time. However, if a long period of time has passed in which the parent has not sought return of the child, or the duration of the temporary custody has expired, the written temporary custody agreement provides "standing for the relative caregiver to bring a third-party custody action in family court. Standing is a legal term giving one the right to bring a legal action before a court. How do I obtain a temporary written agreement? There are no court created forms for this. This is a document written and signed between the two parties (parents and caregivers). It can be handwritten or typed but It should be notarized and state specifically the powers the parents do and do not wish to give (custody, medical authorization, authority to enroll in school etc.). It is not necessary to have a lawyer to get a temporary written agreement. What are the benefits of having a temporary written agreement? The benefit to the parent in obtaining a temporary written agreement is that it helps to show that they have not abandoned the child and it provides for certain services to be authorized by the caregiver for the child. The benefit for the custodial caregiver is that they have the authority to obtain medical care for the child, enroll him/her in school etc. By accepting this agreement, the caregiver agrees to provide food, clothing, and shelter to the child and protect the child from harm. However the caregiver does not become the legal custodian of, or have financial responsibility for, the child. The child=s parents remain financially responsible. Can a permanent written agreement change? If all parties agree, a permanent written agreement can be changed. However if the parties do not all agree and a permanent custody order has been entered by a court, and a parent wishes to regain legal and physical custody of a child, then the burden is on the parent to file a custody action in family court and show by clear and convincing evidence: _ Parental fitness AND _ That the change in custody will materially benefit the child. 2

7 Is a third-party custodian eligible to receive any public assistance for the child? Yes. A child living in the legal and physical custody of someone other than his or her parents is considered a dependent child and is eligible for Temporary Assistance for Needy Families-Child Only benefits. VOLUNTARY CONSENT FOR THE TERMINATION OF PARENTAL RIGHTS What is the voluntary consent of the termination of parental rights? Only a Circuit Court can order the termination of parental rights. According to WV Code '49-6-7, a natural parent may make an agreement to terminate parental rights if made in writing and if the circumstances are free from duress and fraud on in cases of child neglect or abuse. There are two ways for a third-party custody case of this type to come before a Circuit Court that do not include state action. One results from a referral by a family court where allegations of substantial neglect or abuse are made. Another way a case of this type comes before a Circuit Court is when a private person brings an abuse and neglect action against a parent claiming a parent is unfit. A Circuit Court may, but is not required, to accept a voluntary termination of parental rights. If the circuit court determines it is in the best interest of the child to allow a parent to voluntarily terminate their parental rights, they may do so. A Circuit Court will not allow the voluntary termination of parental rights simply because the parent does not want to be financially responsible for their child. Voluntary consent to the termination of parental rights can also be done pursuant to an adoption proceeding. Who can file an abuse and neglect petition? Any Areputable person@ can file a child neglect or abuse petition (WV Code '49-6-1). The person may present a petition discussing the facts to the circuit court in the county where the child lives. The petition needs to be verified by the oath of some credible person having knowledge of the facts. The petition shall allege specific conduct including: _ time and place _ how such conduct comes within the statutory definition of neglect or abuse (WV Code '49-1-3) _ any supportive services provided by the Department of Health and Human Resources to remedy the alleged circumstances and the relief sought 3

8 Upon filing of the petition, the court shall set a time and place for a hearing and shall appoint counsel for the child. The person who files the petition must show the same burden of proof required by the state in a child neglect or abuse petition. The Department of Health and Human Services shall provide supportive services in an effort to remedy circumstances detrimental to the child. CHILD NEGLECT OR ABUSE ACTION Can parental rights be terminated with an abuse and neglect petition? Yes, an abuse and neglect petition gives the court authority to terminate the rights of the parent, although this is generally considered a last resort by the courts. If I file an abuse and neglect petition and it is granted, will I get custody of the children? There is no guarantee that if you are the petitioner in an abuse and neglect action you will receive the legal or physical custody of the children. What is adoption? ADOPTION Adoption is a process by which a court creates the legal relationship of parent and child between people who are not parent and child by birth. If a caregiver=s petition for adoption is granted, the child becomes the legal child of the caregiver and the caregiver becomes the legal parent of the child with all the rights and duties between them of birth parent and birth child. By virtue of the adoption, the child has the right to inherit from the caregiver the same as though the child was the birth child of the caregiver. After a decree of adoption is entered, the birth parents of the adopted child are relieved of all parental responsibilities for the child, and cannot exercise or have any rights over the adopted child or the child=s property. Who may adopt? Who may be adopted? A caregiver who wants to adopt a child must be legally competent, 18 years of age or older, and at least 15 years older than the child. A child or an adult can be adoptedcregardless of agecand the same petitioner may petition for the adoption of two or more persons in one petition. 4

9 When is adoption an appropriate alternative? Adoption is permanent. It is appropriate when the caregiver wants to take complete and permanent responsibility for the child without the threat of legal interference by the child=s parents. It is not the right option if the caregiver hopes the child will be able to reunite with his/her birth parents some day or if the caregiver feels willing or able to care for the child only on a temporary basis. Also, since adoption cuts off the child=s rights to inherit from the birth parent or to receive the birth parent=s social security, the decision to adopt should be carefully considered. What is Aconsent@? Who has to consent to the adoption? AConsent@ is the voluntary surrender of all parent rights and grants those same parental rights, including the legal and physical custody of a minor child, to the adoptive parent. A consent to adopt grants the right to adopt a child to an individual (not an agency, WV Code ' ). The child=s parents and/or guardian must consent to the adoption. A guardian who is not the child=s parent (including the Department of Health and Human Resources or adoption agency) cannot unreasonably withhold consent to an adoption. If the birth parent consenting to the adoption is under eighteen, the court may appoint a guardian ad litem to represent the interests of the birth parent (WV Code ' ). When someone is trying to adopt a child who is 12 years of age or older, the child must also consent to the adoption in the presence of a judge of a court of competent jurisdiction. How does a parent or guardian provide voluntary consent? According to WV Code ' , the consent must be signed and acknowledge in the presence of one of the following: A judge of a court of record A person whom a judge of a court of record designates to take consents A notary public A commissioned officer on active duty in the military service of the United States (if the person executing the consent is in the military) An officer of the foreign service or a consular office of the United States in another country (if the person executing the consent is in that country). 5

10 What happens if one parent will not consent to the adoption? If one of the parents does not consent to the adoption, the adoption may be challenged unless that parent=s rights to the child have been terminated. In rare circumstances, however, a caregiver can ask the court to terminate the rights of the parent who does not consent. The caregiver must prove: that it is in the child=s best interest to terminate the relationship between the parent and child; that the parent has shown a Asubstantial lack of regard@ for his or her parental obligations; and that the parent is withholding consent to the adoption against the child=s best interests. Do I need an attorney for an adoption? It is best to get an attorney with experience handling adoptions. The adoption process is complicated and technical requirements must be strictly followed. How does an adoption work? In order to start an adoption proceeding, the caregiver must file a petition for adoption in the county in which he/she lives. It is often wise to talk to a circuit clerk familiar with the adoption process before filing the petition to ensure that you have all the necessary information. What is an open adoption? When the parties in an adoption want the child=s birth parents to retain the legal right to have visitation or other contact with the child after the adoption, they may seek an Aopen adoption.@ An open adoption can only occur if both the birth parents and prospective adoptive parents voluntarily enter into a written agreement. The court will approve the agreement if the proposed contact with the birth parents is in the child=s best interest. 6

11 LEGAL OPTIONS WHEN THE STATE IS INVOLVED This section deals with the legal alternatives available to relative caregivers when the state is involved in the life of children. Typically, legal guardianship resulting from state action occurs in an abuse and neglect context or some other action by the Department of Health and Human Resources when a child is at risk. Relative caregivers find themselves involved with the Department of Health and Human Resources in one of two ways. Either the child is already placed out of his/her parents= home and the relatives want to care for the child or the child is already living with them and they believe that the child is in need of child protection services. Legal Guardianship Formal Kinship Care Adoption/Subsidized Adoption What is legal guardianship? LEGAL GUARDIANSHIP Legal guardianship is the permanent transfer of legal responsibilities for a child in state custody to a relative or person other than his or her parents. It is a legally binding relationship between a child and a caregiver, which may be considered as a permanent placement option for the child. This arrangement transfers all the rights and responsibilities for a child from the Department of Health and Human Resources to the caregiver through a court sanctioned process. A monthly maintenance subsidy, medical care, and non-recurring subsidy may be provided to eligible children to ease the financial burden of caring for the child. Are parental rights terminated when legal guardianship is transferred? A legal guardianship transfer does not require the surrender or termination of parental rights. Nor does it cause the termination of parental rights. 7

12 FORMAL KINSHIP CARE What is formal kinship care? Formal kinship care is when relatives act as certified foster parents for children in the custody of the state. When children are removed from their homes by the child welfare system because of abuse and/or neglect, relatives are given preference as the first placement choice when foster care is needed and relatives can provide a safe, stable home as defined by foster care policy. Formal kinship care does not establish legal guardianship. Can a relative be sure that a child will be placed in his/her home? No. The relative may serve as a foster parent if the county agency or the court determines the placement is in the best interest of the child. If the Department of Health and Human Resources determines placement with a relative is not in the child=s best interest, it can recommend placement elsewhere. Then the court decides what is best for the child. What criteria are used to determine if relative caregivers can become foster parents? According to federal requirements, all relative caregivers must meet the same certification standards as all foster parents. Refer to section 3.3 (Kinship/Relative Placement) of the Foster Care Policy for specific actions. It can be found on the West Virginia Department of Health and Human ResourcesCBureau for Children and Families webpage at How can a relative request that a child be placed in his/her care if the child is already in foster care placement? If the child is already in placement, the relatives should contact the child=s county agency caseworker at the Department of Health and Human Resources and request that the child be placed in his/her home. A relative does not need a lawyer to do this unless the county agency is unwilling to place the child with the relative and the relative wants to fight for the placement. It is recommended that the relative apply to become a foster care provider (see above) and obtain the services of an attorney to obtain a hearing in court. 8

13 What are the responsibilities of a relative foster care provider? The foster care provider has a duty to provide for the day-to-day care of the child. The provider must also cooperate with the goals of the placement plan. The overriding goals of foster care services are to correct the circumstances that led to placement, and to reunify the child and the parents if the child will be safe in their care and if reunification is in the best interest of the child. The county agency will have general authority over the care of the child in placement. The placement plan will specify decisions that will be made by the county agency and decisions that require consent of the parent or the court. If the matter is in court, the court has ultimate decision-making power over the child. This includes authority to return the child to the parents or to move the child to another home. The court may order the agency to arrange visits for the parents, therapy for the child, and other services that the child needs. The relative foster parent must comply with the court orders and ensure that the child is available for appointments and for visitation with the parents. Can a relative be sure the child will remain with him/her? No. ADOPTION How does a child become available for adoption? In order to place a child for adoption, the court must first terminate parental rights to the child. A petition for Termination of Parental Rights is usually filed by the county agency. The parents may consent to terminate their parental rights. If they do not consent, the court will conduct a closed hearing. If the petition is granted, guardianship is usually awarded to the Department of Health and Human Resources and the agency will seek an adoptive placement for the child. How is the adoption process different when the state is involved in the life of the child? The adoption process is basically the same whether the state is involved in the case or not. The main difference is that if a state case results in the termination of the parental rights, the relative caregiver does not need to get consent to adopt from the parents. Rather, the consent must come from the licensed child-placing agency or the Department of Heath and Human Resources to whom guardianship and custody were transferred after the termination of parental rights. 9

14 Are grandparents given preference to adopt their grandchildren when they are in the state=s care? For purposes of any placement of a child for adoption by the Department of Health and Human Resources, the Department shall first consider the suitability and willingness of any known grandparent or grandparents to adopt the child. Once any such grandparents who are interested in adopting the child have been identified, the department shall conduct a home study evaluation, including home visits and individual interviews by a licensed social worker. If the department determines, based on the home study evaluation, that the grandparents would be suitable adoptive parents, it shall assure that the grandparents are offered the placement of the child prior to the consideration of any other prospective adoptive parents (WV Code '49-3-1). Are adoption subsidies available for grandparents and other relatives raising family members? Adoption subsidies are available for special needs children on an ongoing basis after the adoption. SPECIAL ISSUES ABANDONMENT Abandonment is defined in WV Code ' as Aany conduct by the birth mother, legal father, determined father, outsider father, unknown father or putative father that demonstrates a settled purpose to forego all duties and relinquish all parental claims to the child.@ Conduct that constitutes abandonment for a birth parent includes (WV Code ' ): Failure to financially support a child within a parents ability; and Failure to visit or otherwise communicate with the child when the parent knows where the child resides, is physically and financially able to do so, and is not prevented from doing so by the person or agency having the care or custody of the child: provided, that such failure to act continues uninterrupted for a period of six months immediately preceding the filing of the adoption petition. Conduct that constitutes abandonment for the birth father includes: Denouncing the child=s paternity any time after conception; Failing to contribute within his means toward the expense of the prenatal and postnatal care of the mother and the postnatal care of the child; 10

15 Failure to financially support the child within his means; Failure to visit the child when he knows where the child resides: provided that such denunciations and that failure to act continue uninterrupted from the time that the birth father was told of the conception of the child until the time the petition for adoption was filed. Any birth parent shall have the opportunity to demonstrate to the court the existence of compelling circumstances preventing the said parent from supporting, visiting or otherwise communicating with the child. GRANDPARENT VISITATION Although this guide is intended primarily for relative caregivers who are or want to be primary caregivers of a child, it is useful to have some basic information about grandparents= visitation rights. Grandparents do not automatically have a legal Aright@ to visit their grandchildren. However, grandparents (and other relatives) do have the ability to go to court to obtain an order allowing them to visit their grandchild. When no proceeding for divorce, custody, legal separation, annulment or establishment of paternity is pending, a grandparent may petition the family or circuit court for an order granting visitation with his/her grandchild, regardless of whether the parents of the child are married (WV Code ' ). According to WV Code ' , the court shall grant reasonable visitation to a grandparent upon a finding that visitation would be in the best interest of the child and would not substantially interfere with the parent-child relationship. If a divorce, custody or other action it is pending, a grandparent seeking visitation may, by motion, apply to the circuit court for an order granting visitation (WV Code ' ). GUARDIANSHIP STATUTE The guardianship statute does not reallocate custody of a child from the parents but does provide for guardianship of the child in the event of death of the parents. WV Code ' states, AEvery father or mother, may, by last will and testament, appoint a guardian for his or her child, born or to be born, and for such time during its infancy as he or she may direct. Where both father and mother have so appointed guardians, only that guardian who is the appointee of the parent last living shall be entitled to the custody of the person of such child.@ 11

16 NATIVE AMERICAN CHILDREN: SPECIAL LAWS If the child you are raising is Native American, special rules apply in custody proceedings in state court. This is because of the Indian Child Welfare Act (ICWA), a federal law passed in 1978 that protects Indian children from being arbitrarily removed from their families and tribes. Congress passed the law because Native American children for many years had been removed from their families and placed outside their families, tribes, and native culture in disproportionately high numbers. The ICWA is quite complex and it is beyond the scope of this guide to give detailed information about its provisions. If you know or have any reason to suspect that the child you are raising may be all or part Native American, it is very important you tell this to your attorney, case worker, the guardian ad litem, or the parent=s attorney so that he or she can comply with the law=s requirements. This will avoid potentially serious problems later. For further information or advice, contact a legal expert on the Indian Child Welfare Act. 12

17 GLOSSARY Adoption A family-building permanency option that provides a permanent home for a child until adulthood. Best Interest of the Child The legal standard used to guide decisions about child custody and child support. Child Abuse and Neglect Means physical injury, mental or emotional injury, sexual abuse, sexual exploitation, sale, attempted sale, negligent treatment or maltreatment of a child by a parent, guardian or custodian who is responsible for the child's welfare, under circumstances which harm or threaten the health and welfare of the child. Consent The surrender of parental rights by birth parents or guardians to an individual for the purpose of adoption. Court Appointed Special Advocate (CASA) A volunteer working with the court to provide volunteer guardian ad litem for children in dependency and/or family court matters. Custody There are two categories of custodycphysical and legal. Physical custody is the right to have a child live with you. Legal custody is the right to make legal decisions about a child (ie, schools, medical care, religious practices, etc). Foster Care Services provided by a person not related to the child who has been certified to provide care in an out-of-home living situation when no suitable relative or kinship placement is available. Guardian Ad Litem A person who is appointed by the court and paid to represent the best interest of the child in legal proceedings. 13

18 Homestudy A homestudy or family assessment is the process by which information is gathered and evaluated to assess a family=s ability to provide care for children who may be placed in the home through foster care. This assessment includes evaluating the physical environment of the home for safety and to determine adequate space, the family=s capacity for parenting, as well as, the family=s motivation and commitment to providing a safe, caring environment for children. Legal Guardianship A legally binding relationship between a child and a caregiver, other than the child=s biological parent, which may be considered as a permanent placement option for the child. This arrangement transfers all the rights and responsibilities for a child from the Department of Health and Human Resources to the caregiver through a court sanctioned process. A monthly maintenance subsidy, medical care, and non-recurring subsidy may be provided to eligible children to ease the financial burden of caring for the child. Open Adoption An adoptive arrangement that permits on-going communication and/or contact between the birth family and the child subsequent to a finalized adoption. Permanency Planning A systematic effort to provide long-term continuity for children in foster care. This planning must begin the moment the child enters foster care and must drive services and actions for the child. Relative/Kinship Care Services provided by any person related to the child by blood or marriage including cousins and in-laws. Persons who the child considers a relative, such as a godparent or significant others whom the child claims as kin may also be considered as a placement resource. These individuals must meet the criteria to be certified as foster care providers in order to receive boarding care payments. Relinquishment The surrender of parental rights by birth parents or guardians to an outside agency for the purpose of adoption. 14

19 State Custody Assignment of a child into the legal custody of the Department of Health and Human Resources. Children may enter into the custody of the Department through court ordered child abuse and neglect proceedings, through the juvenile justice system, by voluntary placement, relinquishment by the parents, or voluntary placement by a child age Termination of Parental Rights Termination of parental rights is a legal procedure that ends the legal relationship between a child and parent. Parental rights are protected rights and are terminated by court order only when the court has sufficient reason to do so and after notice and hearing are given to the parents. As stated elsewhere, parents can relinquish their parental rights when an adoption proceeding is filed and when the adoption is granted, the relinquishing parent s rights are terminated. Court ordered termination of parental rights is almost always in the context of an abuse and neglect action. Again, only a Circuit Court can terminate parental rights. 15

20 LEGAL RESOURCES American Association of Retired Persons (AARP) 601E Street, NW Washington, DC (880) OUR-AARP AARP is a national organization that provides a Legal Services Network, which is a directory of attorneys across the country who charge reduced fees for AARP members. American Bar Association Center on Children and Law 1800 M Street, NW, #200 South Washington, DC (202) Contains a section on Child Welfare Law tips. American Bar Association Lawyer Referral Directory Service (312) Access to a listing of local state lawyer referral services. West Virginia State Bar 2006 Kanawha Boulevard Charleston, WV (304) Lawyer Information Service Hotline (800) Call and talk to a lawyer for free on Tuesday evenings from 6-8pm. 16

21 Legal Aid of West Virginia 922 Quarrier Street, Fourth Floor Charleston, WV (866) Provides legal assistance for West Virginians. WVU Clinical Law Program West Virginia University (304) West Virginia Supreme Court of Appeals 1900 Kanawha Boulevard, East State Capitol Rom E-100 Charleston, WV In addition to other information, the website provides forms, information about procedures and definition of legal terms. Family Court Mediation Services (304) Has a list of approved mediators through family court services at the West Virginia Supreme Court. West Virginia Senior Legal Aid 1988 Listravia Avenue Morgantown, WV (304) (800) Provides free legal assistance to West Virginia seniors age 60 and older. 17

22 Project Partners and Funders The West Virginia Relatives As Parents Program began with a seed grant awarded from the Brookdale Foundation and was matched with funds from the West Virginia Department of Health and Human Resources. From 2001 t0 2005, funding for the project was received from the US Department of Health and Human Services, the Administration for Children and Families (#90CB0122). Since that time, a collaborative effort among Mission West Virginia, Inc., West Virginia University Extension Service, and the West Virginia Department of Health and Human Resources has evolved. This multi-dimensional approach provides an avenue for communities and service delivery systems to communicate, collaborate, and begin to develop services for these ever-increasing numbers of families. We believe this is a promising strategy for strengthening families and communities in West Virginia. 18