The bill amends the Code of West Virginia by introducing a new section, 49-4-611, which allows circuit courts to mandate 12-panel hair follicle drug testing for respondents in child abuse and neglect cases after a petition is filed. This testing assesses controlled substance usage over the past 90 days through hair samples. Additionally, if a respondent mother tests positive and has a child two months old or younger, the court may order a pediatric neurological evaluation. The bill also establishes that attempts to alter hair to evade detection, such as shaving or dyeing, will be treated as a positive test result, and noncompliance with the testing order will also be considered a positive result.

Furthermore, the results of the hair follicle drug tests can be shared with members of a multidisciplinary treatment team, subject to court-imposed limitations. The bill allows respondents to challenge a positive test result by undergoing another 12-panel hair follicle drug test at any point after an allegation is made but before a petition is filed. This legislative change aims to enhance the assessment of substance use in cases of child abuse and neglect, ensuring the safety and well-being of affected children.

Statutes affected:
Introduced Version: 49-2-1, 49-2-2, 49-2-3
Committee Substitute: 49-4-611
Engrossed Committee Substitute: 49-4-611