This bill amends the Code of West Virginia to enhance support for parents, guardians, and custodians of truant children by establishing a truancy pre-trial diversion program. This program allows these individuals to avoid criminal convictions by addressing the root causes of truancy. The bill eliminates criminal penalties for students who have reached the age of majority and postpones sentencing for parents, guardians, and custodians, thereby providing them with more opportunities to rectify truancy issues. Additionally, it mandates that judges may require the Department of Human Services to provide home-based family preservation services when court involvement is necessary.

The legislation introduces new sections, specifically 49-2-202a and 61-11-22b, which detail the responsibilities of the Department of Human Services regarding family preservation services and outline eligibility criteria for the truancy pretrial diversion program. It also modifies existing penalties related to truancy offenses, including the conditions under which sentencing may be delayed. Furthermore, the bill clarifies the roles of county truancy officers and the handling of excused absences, granting judges the authority to assess the validity of these absences and disregard those deemed unjustified. Overall, the bill aims to address truancy through supportive measures rather than punitive actions.

Statutes affected:
Introduced Version: 18-8-2, 49-2-202a, 61-11-22b
Committee Substitute: 18-8-2, 49-2-202a, 61-11-22b