HB 3379
Clarifying when the Department is to not make reasonable efforts to preserve a family.
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill modifies West Virginia law to clarify when the Department of Health and Human Resources should not make ‘reasonable efforts’ to preserve a family involved in child abuse or neglect cases. Specifically, it allows a court to consider a parent’s voluntary relinquishment of parental rights when determining whether reasonable efforts have been made. The bill also outlines factors the court must consider, including the parent’s capacity to address the issues leading to the child’s unsafe environment and whether reunification is genuinely possible. It establishes a six-month improvement period for parents and clarifies circumstances under which parental rights may be terminated.
Key provisions
- Allows a court to consider voluntary relinquishment of parental rights when determining reasonable efforts to preserve a family.
- Defines ‘reasonable efforts’ to preserve a family, including accommodations for disabilities and reunification services.
- Establishes a six-month improvement period for parents facing abuse or neglect allegations.
- Outlines specific circumstances under which parental rights may be terminated, such as abandonment, serious abuse, or failure to cooperate with treatment.
- Specifies factors the court must consider when determining whether reunification is appropriate.
- Addresses the consideration of medication-assisted treatment programs for substance use disorder when evaluating parental fitness.
- Requires the court to document the reasons for not making reasonable efforts to preserve the family.
- Mandates that the department provide case plans that include a permanency plan and address the child’s needs.
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