This bill amends sections 48-22-306 and 49-4-605 of the West Virginia Code, focusing on child welfare and the conditions under which parental rights may be terminated. It introduces new definitions and clarifies the conduct that constitutes abandonment of a child, particularly emphasizing the implications of a parent's incarceration. Specifically, it establishes that a parent’s incarceration can be considered presumptive abandonment if the expected duration of incarceration significantly impacts the child's minority, if the parent is classified as an habitual offender or a sexually violent predator, or if the court finds that maintaining the parental relationship would be harmful to the child. The bill also outlines factors for the court to consider when determining harm, including the child's age, the parent-child relationship, and the parent's history of criminal behavior.

Additionally, the bill mandates that the Department of Health and Human Resources must seek to terminate parental rights under certain circumstances, such as if a child has been in foster care for an extended period or if the parent has committed severe offenses, including murder or sexual abuse. It also clarifies that failure to maintain contact with a child due to incarceration or other specified reasons will not be considered voluntary abandonment. The bill aims to ensure that the best interests of the child are prioritized, particularly in cases involving serious criminal behavior by a parent.

Statutes affected:
Introduced Version: 48-22-306, 49-4-605