This bill amends various sections of the West Virginia Code to enhance the processes related to public defender services, guardianship for minors, and child welfare. A significant addition is the establishment of a new section, 49-4-607a, which introduces a pre-adjudicatory alternative disposition process. This process allows parents whose children have been removed from their homes to file for guardianship, which can be ratified by the circuit court without a prior finding of abuse or neglect. The bill expands the definition of "eligible proceeding" to include these alternative dispositions and clarifies the circuit court's jurisdiction over guardianship appointments in juvenile abuse and neglect cases. It also sets forth specific requirements for filing guardianship petitions, including the necessity of attaching a certified copy of the juvenile abuse and neglect order and conducting hearings within thirty days of filing.

Additionally, the bill outlines the conditions for appointing a guardian, emphasizing the need for consent from parents and the Department of Human Services, along with a report from the guardian ad litem. It establishes procedures for revoking or terminating guardianships, prioritizing the minor's best interests. Furthermore, the bill allows individuals to petition to seal their child abuse and neglect records after the child turns 18, contingent upon the dismissal of the underlying case and the absence of subsequent substantiated allegations. The court will consider various factors, including rehabilitation efforts, when reviewing these petitions. Overall, the bill aims to streamline child welfare processes while ensuring the safety and best interests of children are maintained.

Statutes affected:
Introduced Version: 29-21-2, 44-10-3, 44-10-5, 49-4-601b, 49-4-607a