This bill amends the West Virginia Code to broaden the definition of "eligible proceeding" to encompass pre-adjudicatory alternative diversion proceedings and the appointment of guardians for minors in circuit court. It establishes a framework for appointing guardians in child abuse and neglect cases where a pre-adjudicatory alternative diversion has been granted, allowing petitions for adoption to be filed two years post-appointment of a guardian under specific conditions. Additionally, it exempts legal guardianships formed under these diversions from bonding requirements and modifies the expungement process for substantiations of child abuse and neglect, ensuring that the circuit court overseeing the original proceedings manages petitions for guardianship and adoption.

The bill also introduces new provisions for handling allegations of child abuse and neglect, requiring timely written notice to individuals with substantiated allegations, detailing their rights and the implications of being listed on abuse registries. It establishes a process for challenging these allegations and provides for the sealing of related records after a designated period, contingent on no further allegations. Furthermore, it creates a section on "Pre-Adjudicatory Alternative Diversion," allowing parents to seek guardianship orders without a finding of abuse or neglect, contingent on consent from all parties with parental rights and court evaluations. The legislation aims to balance the rights of individuals accused of abuse with the protection and welfare of children involved.

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