# W. Va. Code § 49-4-108: Payment of services

> West Virginia · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WV_C49_A4_S108

## Section

- **Citation:** W. Va. Code § 49-4-108
- **Heading:** Payment of services
- **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 108

## Text

(a) At any time during any proceedings brought pursuant to this chapter, the court may upon its own motion, or upon a motion of any party, order the Department of Human Services to pay the Medicaid rates for professional services rendered by a health care professional to a child or other party to the proceedings. Professional services include, but are not limited to, treatment, therapy, counseling, evaluation, report preparation, consultation, and preparation of expert testimony. A health care professional shall be paid by the Department of Human Services upon completion of services and submission of a final report or other information and documentation as required by the policies implemented by the Department of Human Services: Provided , That if the service is covered by Medicaid, being rendered to a child, and is not provided within 30 days, the court may order the service to be provided to the child by a provider at a rate higher than the Medicaid rate. The department may object and request to be heard, after which the court shall issue findings of fact and conclusions of law supporting its decision.

(b) At any time during any proceeding brought pursuant to this chapter, the court may upon its own motion, or upon a motion of any party, order the Department of Human Services to pay for socially necessary services rendered by an entity who has agreed to comply with §9-2-6(20) of this code. The Department of Human Services shall set the reimbursement rates for the socially necessary services: Provided , That if services being rendered to a child are not provided within 30 days, the court may order a service to be provided to the child by a provider at a rate higher than the department established rate. The department may object and request to be heard, after which the court shall issue findings of fact and conclusions of law supporting its decision.

## 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_S108. Check the current official text before relying on it. Not legal advice.