The proposed bill aims to establish a drug screening program for adults applying to become foster parents, kinship parents, or caregivers for children in the legal custody of the Department of Human Services in West Virginia. It introduces a new section, 49-2-128a, which outlines the definitions of key terms such as "caregiver," "drug screen," and "drug test." The Department of Human Services is tasked with implementing and administering the program, which includes conducting drug tests for applicants. A valid prescription for any detected substance serves as a defense against a positive drug test. The department will cover the costs of initial drug testing, while applicants with positive results can request further testing at their own expense.

The bill also stipulates that applicants who test positive must complete a substance abuse treatment program and undergo periodic drug screenings if approved for placement. Failure to comply with treatment requirements or a second positive test results in a 12-month suspension from consideration for placement, while a third positive test leads to permanent disqualification. Additionally, the bill mandates investigations by Child Protective Services for suspended applicants and ensures the confidentiality of drug test results. The Secretary of the Department is required to report annually on the program's effectiveness, including the number of applicants deemed ineligible due to positive tests and the costs associated with the program.

Statutes affected:
Introduced Version: 49-2-128a