This bill amends the Code of West Virginia by adding a new section, 49-4-611, which allows circuit courts to order 12-panel hair follicle drug testing in cases of child abuse and neglect. Specifically, it permits such testing after a petition is filed, and if a respondent parent tests positive for controlled substance use, a pediatric neurological evaluation may be mandated for children under two months of age. 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.

Additionally, the bill stipulates that results from the 12-panel hair follicle drug tests can be shared with a multidisciplinary treatment team, subject to circuit court limitations. It also 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 child welfare cases and ensure the safety and well-being of children involved.

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