The bill amends West Virginia's Code regarding child welfare, specifically focusing on the conduct that constitutes the abandonment of a child. It establishes that a child over six months old is presumed abandoned if the birth parent fails to provide financial support or communicate with the child for a continuous six-month period. For children under six months, the bill outlines similar criteria for the birth father, including failure to support the mother during pregnancy and after birth. Additionally, it introduces a new provision that presumes abandonment when a parent is incarcerated in a state correctional facility for a felony conviction, provided that the court finds the incarceration will significantly impact the child's remaining years of minority and that maintaining the parental relationship would be harmful to the child.

The bill specifies factors for the court to consider in determining whether a parent has abandoned their child due to incarceration, including the child's age, the nature of the parent's offense, and the parent's history of criminal behavior. It also allows birth parents to present compelling circumstances that may prevent them from supporting or communicating with their child, although incarceration for a crime involving the conception of the child through rape cannot be considered a compelling circumstance. The bill aims to clarify the legal framework surrounding child abandonment and ensure that the best interests of the child are prioritized in such cases.

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