SB 598
Permitting judges to refer parents to prosecuting attorney for making certain false allegations in child custody proceedings
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill allows West Virginia judges to refer parents who have made false allegations of child abuse, neglect, or domestic violence during custody proceedings to the appropriate prosecuting attorney for investigation. The court can then impose limitations on the parent’s custodial time, such as supervised visits or restrictions on contact with the child. If a judge determines an allegation is false, they can order the parent to reimburse costs and refer the case to law enforcement for potential criminal charges. The bill also provides a mechanism for parents to request disclosure of the department’s findings regarding the alleged false report.
Key provisions
- Judges can refer parents with false allegations to prosecuting attorneys.
- The court can impose limitations on a parent’s custodial time, including supervised visits and restrictions on contact.
- If an allegation is found to be false, the court can order reimbursement of costs incurred by the accused parent.
- The court may refer the matter to law enforcement for potential criminal charges.
- Parents can request disclosure from the Department of Human Services regarding the investigation of alleged false reports.
- The court must consider factors like the child’s safety and the ability of parents to cooperate.
- The bill addresses situations where a parent withdraws a report, clarifying that this alone doesn’t automatically indicate a false report.
- The bill outlines a process for determining custody arrangements when a parent has engaged in prohibited activities.
Who is affected
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