The proposed bill aims to establish the "Child Protective Services Due Process and Child Protection Act" by adding a new article to the Code of West Virginia. This legislation seeks to enhance the legal framework surrounding child protective services by clarifying that all child abuse and neglect matters will be governed exclusively by this new article. Key provisions include the requirement for sworn testimony in all proceedings, the prohibition of administrative or "safety plan" removals without a court order, and the establishment of heightened burdens of proof for state intervention. Additionally, the bill guarantees the right to counsel for parents upon removal of a child and emphasizes that poverty-related conditions cannot be classified as neglect.

Furthermore, the bill introduces measures to ensure transparency and accountability within child protective services, including quarterly public reporting and penalties for misconduct by agency personnel. It also includes specific privacy protections for cases involving allegations of sexual assault, such as sealing identifying information and using pseudonyms in public documents. The legislation is set to take effect on July 1, 2027, and aims to provide stronger safeguards for families while ensuring that the rights of parents and children are upheld throughout the child welfare process.

Statutes affected:
Introduced Version: 49-13-1, 49-13-2, 49-13-3, 49-13-4, 49-13-5, 49-13-6, 49-13-7, 49-13-8, 49-13-9, 49-13-10, 49-13-11, 49-13-12