This bill amends West Virginia's compulsory school attendance laws by introducing a Truancy Pretrial Diversion Program designed to assist parents, guardians, and custodians of truant children before they face criminal penalties. It removes criminal penalties for students who have reached the age of majority and allows for delayed sentencing for parents or guardians, giving them the opportunity to address truancy issues. The bill also mandates that magistrate and circuit court judges may require the Department of Human Services to provide home-based family preservation services for families involved in truancy cases.
Additionally, the bill establishes new sections in the Code of West Virginia, specifically 49-2-202a and 61-11-22b, which outline eligibility for the truancy pretrial diversion and the conditions under which it can be offered. Key definitions are introduced, including "County truancy officer," responsible for providing school attendance records to the court, and "excused absences," which allows judges to request a doctor's excuse and assess the validity of school-excused absences. This structured approach emphasizes addressing the underlying causes of truancy while minimizing punitive measures, ultimately aiming to improve school attendance and support families in need.
Statutes affected: Introduced Version: 18-8-2, 49-2-202a, 61-11-22b