# W. Va. Code § 49-4-106: Limitation on out-of-home placements

> West Virginia · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WV_C49_A4_S106

## Section

- **Citation:** W. Va. Code § 49-4-106
- **Heading:** Limitation on out-of-home placements
- **Jurisdiction:** West Virginia
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** WV Code / Chapter 49 / Article 4 / Section 106

## Text

Before any child may be directed for placement in a particular facility or for services of a child welfare agency licensed by the department, a court shall make inquiry into the bed space of the facility available to accommodate additional children and the ability of the child welfare agency to meet the particular needs of the child. A court may not order the placement of a child in a particular facility, including status offender facilities operated by the Division of Juvenile Services, if it has reached its licensed capacity or order conditions on the placement of the child which conflict with licensure regulations applicable to the facility promulgated pursuant to article two of this chapter and articles one-a, nine and seventeen, chapter twenty-seven of this code. Further, a child welfare agency is not required to accept placement of a child at a particular facility if the facility remains at licensed capacity or is unable to meet the particular needs of the child. A child welfare agency is not required to make special dispensation or accommodation, reorganize existing child placement, or initiate early release of children in placement to reduce actual occupancy at the facility.

## Nearby sections

- [W. Va. Code § 49-4-101 §49-4-101. Exercise of powers and jurisdiction by judge in vacation.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C49_A4_S101.md)
- [W. Va. Code § 49-4-102 §49-4-102. Procedure for appealing decisions.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C49_A4_S102.md)
- [W. Va. Code § 49-4-103 §49-4-103. Proceedings may not be evidence against child, or be published; adjudication is not a conviction and not a bar to civil service eligibility.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C49_A4_S103.md)
- [W. Va. Code § 49-4-104 §49-4-104. General provisions relating to court orders regarding custody; rules.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C49_A4_S104.md)
- [W. Va. Code § 49-4-105 §49-4-105. Hearing required to determine "reasonable efforts."](https://www.frixlaw.com/law-library/statutes/STATE_WV_C49_A4_S105.md)
- [W. Va. Code § 49-4-106 §49-4-106. Limitation on out-of-home placements.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C49_A4_S106.md)
- [W. Va. Code § 49-4-107 §49-4-107. Penalties.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C49_A4_S107.md)
- [W. Va. Code § 49-4-108 §49-4-108. Payment of services.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C49_A4_S108.md)
- [W. Va. Code § 49-4-109 §49-4-109. Guardianship of estate of child unaffected.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C49_A4_S109.md)
- [W. Va. Code § 49-4-110 §49-4-110. Foster care; quarterly status review; transitioning adults; annual permanency hearings.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C49_A4_S110.md)
- [W. Va. Code § 49-4-111 §49-4-111. Criteria and procedure for temporary removal of child from foster home; foster care arrangement termination; notice of child's availability for placement; adoption; sibling placements; limitations.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C49_A4_S111.md)
- [W. Va. Code § 49-4-112 §49-4-112. Subsidized adoption and legal guardianship; conditions.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C49_A4_S112.md)
- [W. Va. Code § 49-4-113 §49-4-113. Duration of custody or guardianship of children committed to department.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C49_A4_S113.md)
- [W. Va. Code § 49-4-114 §49-4-114. Consent by agency or department to adoption of child; statement of relinquishment by parent; counseling services; petition to terminate parental rights; notice; hearing; court orders.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C49_A4_S114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WV_C49_A4_S106. Check the current official text before relying on it. Not legal advice.