The proposed bill aims to amend the Code of West Virginia by introducing a new article, designated as Article 13, known as Hunter's Law. This legislation mandates hair follicle drug testing for parents, guardians, or caretakers who have been substantiated as child abusers before they can regain unsupervised visitation rights or have their children returned to their care. The bill outlines the purpose of these requirements, which include ensuring uniformity in child abuse cases across counties, eliminating reliance on less reliable drug testing methods, and protecting children from potential harm due to parental substance abuse.

Under the new provisions, a 90-day, 12-panel hair follicle drug test must be conducted within 48 hours of a substantiated child abuse case. If the tested individual is found to have illegal drugs or unprescribed substances, the minor children involved will also undergo hair follicle testing. The bill further stipulates that any attempts to alter test results will be treated as a positive result, and noncompliance with testing directives will also be considered a positive test. The results of these tests must be reported to relevant parties, including child protective services and the court, to ensure the safety and well-being of the children involved.

Statutes affected:
Introduced Version: 49-13-1, 49-13-2, 49-13-3