HB 4378
Increasing circumstances where the Department of Human Services is required to seek termination of parental rights
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill expands the circumstances under which West Virginia’s Department of Human Services (DHS) can seek to terminate a parent’s rights. Specifically, DHS is required to pursue termination if a child has been in foster care, kinship care, a residential facility, or in the care of a non-offending parent for 15 of the most recent 22 months, or if the court has determined the child has been abandoned, tortured, sexually abused, or chronically abused. The bill also outlines procedures for improvement periods, allowing parents to address issues before termination is finalized.
Key provisions
- DHS must petition to terminate parental rights if a child has been in specific placements for a defined period.
- The court can grant an ‘improvement period’ to parents to address issues before termination.
- Improvement periods can be extended up to three months if the parent substantially complies with the terms.
- The court can order a family case plan during improvement periods.
- Specific criteria are outlined for granting post-adjudicatory, post-dispositional, and pre-adjudicatory improvement periods.
- Parents receiving improvement periods must execute a release of medical information.
- Time limits are placed on the total length of time a child can be in placement during the process.
- The court can extend improvement periods under specific circumstances.
Who is affected
- Parents of children in the child welfare system
- Children in foster care, kinship care, or residential facilities
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