The proposed bill aims to establish the Child Protection Investigations Reform Act in West Virginia, amending the existing law regarding the notification process for individuals accused of child abuse or neglect during investigations by the Department of Human Services. The bill replaces the previous requirement for providing a "Parents Guide to Working with Child Protective Services" with a more comprehensive summary that must be provided to the accused individual upon the initiation of an investigation. This summary must be clear, easily understood, and available in a language the individual understands, detailing the department's investigative procedures, the individual's rights, and the process for accessing legal counsel.
Additionally, the bill mandates that the accused person receive verbal notification of their rights under the Fourth Amendment, including the right to remain silent, seek legal assistance, and refuse certain actions without legal counsel present. The Department of Human Services is required to adopt a form to verify that the individual has received this information. The changes will apply only to investigations initiated after the effective date of the bill, which is set for July 1, 2026.
Statutes affected: Introduced Version: 49-2-802a