This bill amends the West Virginia Code to establish a pre-adjudicatory alternative disposition process for guardianship in juvenile abuse and neglect cases. It introduces a new section, 49-4-607a, which allows parents whose children have been removed from their homes to file for guardianship without a prior finding of abuse or neglect, provided all adults with parental rights consent. The circuit court will have jurisdiction over these guardianship appointments, and petitions must include a certified copy of the juvenile abuse and neglect order. The bill also sets a timeline for hearings and requires regular review hearings every 60 days while the guardianship is adjudicated.

In addition to the new procedures, the bill modifies existing provisions regarding the appointment and termination of guardians, emphasizing the child's best interests. It establishes criteria for guardianship appointments, including parental consent and a written report from the guardian ad litem. The bill also addresses the confidentiality of guardianship records and outlines the process for revoking or terminating guardianships. Furthermore, it allows individuals to petition to seal their child abuse and neglect records after turning 18, contingent on no further substantiated allegations. The secretary is tasked with proposing legislative rules to implement these changes, thereby enhancing the legal framework surrounding child welfare cases.

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