As used in these rules, these terms are defined as follows:
(a)''Adjudicatory hearing" shall mean the hearing contemplated by W. Va. Code § 49-4-601 to determine whether a child has been abused and/or neglected as alleged in the petition;(b)''CASA" shall mean Court-Appointed Special Advocate as set forth in Rule 52;(c)"Child's case plan" shall mean the plan prepared by the Department pursuant to W. Va. Code §§ 49-4-408 and 49-4-604 following an adjudication by the court that the child is an abused and/or neglected child;(d)"Civil petition" shall mean the petition instituting child abuse and/or neglect proceedings under W. Va. Code § 49-4-601;(e)"Child abuse and neglect proceedings" shall mean proceedings instituted by the filing of a civil petition under W. Va. Code § 49-4-601;(f)" Department " shall mean the West Virginia Department of Health and Human Resources and any subdivision or any successor or assignee designated by law carrying out the statutory functions of the Department or agency thereof involved in the investigation, adjudication, or dispositional aspects of child abuse and/or neglect proceedings under W. Va. Code § 49-4-601, et seq.;(g)"Preliminary hearing" shall mean the hearing contemplated by W.Va. Code § 49-4-602 that is held within ten days of service of the petition when the court finds that the petition alleges facts demonstrating the existence of imminent danger to the child, whether or not the court has ordered immediate transfer of custody of the child to the Department or a responsible person. The hearing is held for the purpose of determining (1) whether there is reasonable cause to believe that the child is in imminent danger; (2) whether continuation in the home is contrary to the welfare of the child, setting forth the reasons; (3) whether the Department made reasonable efforts to preserve the family and to prevent the child's removal from his or her home or whether an emergency situation made such efforts unreasonable or impossible; (4) whether efforts should be made by the Department to facilitate the child's return, and if so, what efforts should be made; and (5) whether the child's school placement is in his or her school of origin, and if not, whether the change of school placement is in the child's best interests.(h)"Permanency hearing" shall mean the hearing contemplated by W.Va. Code § 49-4-608 to determine the permanency plan for the child. The hearing shall be conducted in accordance with Rule 36a;(i)"Disposition hearing" shall mean the hearing contemplated by W. Va. Code § 49-4-604 that is held after a child has been adjudged to be abused and/or neglected, at which the court reviews the child and family case plan filed by the Department and determines the appropriate disposition of the case and permanency plan for the family;(j)"Family Case Plan " shall mean the plan prepared by the Department pursuant to W. Va. Code §§ 49-4-408 and 49-4-604 following the grant of an improvement period;(k)"Guardianad Litem" means the attorney appointed to represent a child, or children as set forth in Rule 18a of the Rules of Procedure for Child Abuse and Neglect Proceedings(l)"Parent " or " parents" means an individual defined as a parent by law or on the basis of a biological relationship, marriage to a person with a biological relationship, legal adoption or other recognized grounds, pursuant to W.Va. Code §49-1-204 ;(m)"Parties" means the petitioner, co-petitioner, respondent, adjudicated battered parent, and child;(n)"Permanent placement " of a child shall mean:(1) The petition has been dismissed and the child has been returned to the home or to a relative with no custodial supervision by the Department;(2) The child has been placed in the permanent custody of a non-abusive parent; or(3) A permanent out-of-home placement of the child has been achieved following entry of a final disposition order. A permanent out-of-home placement has been achieved only when the child has been adopted, placed in a legal guardianship, placed in another planned permanent living arrangement (APPLA), or emancipated; and(o)"Persons entitled to notice and the right to be heard" are persons other than parties who include the CASA when appointed, foster parents, preadoptive parents, or custodial relatives providing care for the child.W. Va. R. Proc. Child & Neg. Proceed. 3