The proposed bill aims to amend the Code of West Virginia by introducing a new article, designated as Hunter's Law, which mandates hair follicle drug testing for individuals substantiated as child abusers before they can regain unsupervised visitation rights with minors. The bill outlines the purpose of this legislation, which includes ensuring uniformity in handling child abuse cases across counties, eliminating reliance on less reliable drug testing methods, and protecting children from potential harm. It emphasizes the importance of validating prior drug test results and aims to reduce generational drug abuse while encouraging rehabilitation for parents or guardians.

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 before any unsupervised visitation or return of children to the caretaker's custody. If the caretaker tests positive for illegal substances, the minor children will also undergo hair follicle testing. The bill further stipulates that any attempts to alter test results will be treated as a positive test, and noncompliance with testing directives will also be considered a positive result. Additionally, the bill mandates that all test results 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