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STATE OF WEST VIRGINIA FFY 2024 STATE PLAN FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

It is documented that at least half of the babies born to mothers who are minors are fathered by adult men and that the sexual partners of those women are often men 3-6 years older, prompting policymakers to conclude that intensified prosecution of statutory rape could significantly reduce high rates of adolescent pregnancy, childbearing and lower welfare costs as well. In January 1999 Congress passed legislation requiring that any entity receiving Title X, Family Planning Program funding under the Public Health Service Act be in compliance with State reporting laws as follows:

Notwithstanding any other provision of law, no provider of services under Title X of the Public Health Service Act shall be exempt from any State law requiring notification, or reporting of child abuse, child molestation, sexual abuse, rape, or incest. Family Planning Providers are mandated reporters and are trained regarding their responsibility to notify and report.

In addition, the 1998 Appropriations Act for the Departments of Labor, HHS, and Education (Public Law 105-78), contained new language governing the use of funds under Title X of the Public Health Service Act as follows:

None of the funds appropriated in the Act may be made available to any entity under Title X of the Public Health Service Act unless the applicant for the award certifies to the Secretary that it encourages family participation in the decision of minors to seek family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities. Family participation regarding family planning services for adolescents is strongly encouraged and counseling is provided to minors receiving services.

In response, the Family Planning Program requires 157 contracted provider agencies to adhere to these federal grant requirements and monitors their compliance. During annual site visits, Family Planning Program Specialists conduct evaluation and training on the following grant requirements for providers to:

i. Comply with state reporting laws pertaining to child abuse, child molestation, sexual abuse, rape or incest;

ii. Encourage family participation in the decision of minors to seek family planning services;

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