Visitation

(a) Visitation before final disposition (1) If at any time the circuit court orders a child removed from the custody of his or her parent(s), guardian(s), or custodian(s), and places the child in the custody of the Department, or of some other responsible person, the court may make provisions for reasonable visitation between the parent(s) or other individual and the child during the pendency of the case if such visitation: (A) is consistent with the child’s wellbeing and best interests; and (B) will not interfere with the child's case plan (2) Whenever possible, the court must make provisions for reasonable visitation between siblings who are not placed together unless the court determines it is not in the best interests of either the child or their sibling(s). (3) The court shall assure that any visitation occurs in a safe place suitable for visitation, taking into account the child’s age and condition. (b) Visitation after final disposition (1) If parental rights are not terminated, visitation may be ordered consistent with Rule 6. (2) The guardian ad litem or any party may move, orally or in writing, for post-termination visitation at the dispositional hearing or at any time prior to the entry of the final dispositional order. After entry of the final dispositional order, the court may permit the motion upon good cause shown. Provided, that the court may not consider a motion filed by a person whose rights have been terminated after ten days have passed from the entry of the final dispositional order terminating their rights. (A) The court may grant post-termination visitation only if it finds that such visitation is in the child's best interests, taking into consideration: i. The guardian ad litem's oral or written recommendation on whether post-termination visitation is in the child's best interests, ii. If the child is of sufficient age or maturity whether the child wishes to have visitation; and iii. Any other relevant evidence, including, but not limited to, the nature of the abuse and/or neglect that prompted termination of rights and the existence of a bond. (B) Whether granting or denying the motion for post-termination visitation, the court must enter an order containing its ruling on the motion and supportive findings sufficient to permit appellate review. (C) If granting the motion for post-termination visitation, the court may impose terms or limitations to visitation consistent with the child’s best interests, provided that any terms or limitations are incorporated into the order (3) Visitation between the child and their siblings shall continue, and a plan for regular contact between siblings, where they are not placed together, shall be incorporated into the permanency plan for the child whenever possible, unless the court finds it is not in the best interest of either the child or their sibling(s). (c) Any visitation order of the circuit court shall be enforceable upon entry unless a stay of execution of said order is issued by the circuit court or the Supreme Court of Appeals of West Virginia. (d) Any order entered under this rule may be modified as set forth under Rule 6. (e) This rule is intended to neither increase nor decrease any rights of the grandparents as set forth in West Virginia Code §§ 49-4-101 through 49-4-610 and 48-10-101 through 48-10-1201 .