The proposed bill aims to amend the Code of West Virginia by introducing a new article that mandates hair follicle drug testing for individuals substantiated as child abusers before they can regain unsupervised visitation rights with minors. The bill outlines the purpose of this legislation, which includes ensuring uniformity in child abuse and neglect cases across West Virginia, eliminating reliance on less reliable drug testing methods, and protecting children from potential harm. It emphasizes the importance of validating drug use through a 90-day, 12-panel hair follicle test, which must be conducted within 48 hours of a substantiated child abuse or neglect case.

Additionally, the bill stipulates that if a parent, guardian, or caretaker tests positive for illegal drugs, the affected minors must also undergo hair follicle testing. The legislation includes specific procedures for conducting these tests, reporting results, and addressing noncompliance, such as considering any failure to comply with testing as a positive result. The bill also mandates neurological examinations for minors exposed to drugs, ensuring comprehensive care and oversight in cases of child abuse and neglect.

Statutes affected:
Introduced Version: 49-2-1, 49-2-2, 49-2-3