2025 Regular Session
HB 2638
Relating to child custody
In Committee
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill aims to ensure criminal charges are filed against parents when a child is removed from their custody due to abuse or neglect. Specifically, it requires courts to determine if a parent is an ‘abusing parent’ in such cases and to initiate criminal proceedings when a child’s custody is altered. The bill also outlines penalties and fines for these offenses, aligning with existing state laws regarding child abuse and neglect.
Key provisions
- Requires courts to determine if a parent is an ‘abusing parent’ in cases of child removal due to abuse or neglect.
- Mandates the filing of criminal charges when a child’s custody is changed after removal due to abuse or neglect.
- Specifies penalties and fines for parents convicted of offenses against children, referencing existing state statutes.
- The criminal charges must be initiated at the time the child’s custody arrangement changes.
- Applies to cases involving offenses against children as defined in specific state codes.
Who is affected
- Parents
- Child Protective Services
- Judicial System
- Children who are victims of abuse and neglect
Notable changes
- Establishes a legal obligation for courts to pursue criminal charges in cases of child abuse and neglect resulting in custody removal.
- Clarifies the process for initiating criminal proceedings when a child’s custody is altered.
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