This bill amends and reenacts section 49-4-112 of the Code of West Virginia and introduces a new section, 49-4-112a, focusing on adoption and legal guardianship proceedings that arise from abuse or neglect cases. It mandates that the Department of Human Services pay attorney's fees for legal representation of adoptive parents or legal guardians. The bill outlines the process for filing adoption or legal guardianship petitions in the Circuit Court that has jurisdiction over the related juvenile abuse and neglect case, ensuring that the same judge presides over both proceedings. Additionally, it establishes that potential adoptive parents or legal guardians must request the appointment of an attorney through the circuit court, which will then appoint a qualified attorney from a designated list.

The bill also stipulates that if a child adopted or placed in a legal guardianship is later removed from the home, the circuit court that handled the original adoption or guardianship will retain jurisdiction for any future modifications of placement. It includes provisions for the relinquishment of parental or guardianship rights, ensuring that the court verifies the understanding and voluntariness of such relinquishments. The effective date for these changes is set for January 1, 2026, and they will only apply to new abuse and neglect cases initiated after this date.

Statutes affected:
Introduced Version: 49-4-112, 49-4-112a