This bill amends sections 49-4-605 and 49-4-610 of the West Virginia Code to expand the circumstances under which the Department of Human Services (DHS) is mandated to seek termination of parental rights. Key changes include the addition of new placements such as kinship placement and residential facilities, as well as the care of a non-offending parent, to the criteria for filing a petition for termination if a child has been in any of these placements for 15 of the most recent 22 months. The bill also specifies that if a parent has been incarcerated, in a medical or drug treatment facility, or on active military duty, their lack of contact with the child will not be considered voluntary.

Additionally, the bill outlines the responsibilities of both the respondent and the department during improvement periods in cases of child neglect or abuse. It establishes time limits for improvement periods, stating that no combination of improvement periods or extensions can result in a child being in foster care, kinship placement, residential facilities, or the care of a non-offending parent for more than 15 months out of the most recent 22 months, unless compelling circumstances are demonstrated. Overall, the bill aims to ensure that children's best interests are prioritized in cases of parental rights termination.

Statutes affected:
Introduced Version: 49-4-605, 49-4-610