HB 4407
Relating to loss of parental rights after a third petition for a child’s removal
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill changes the rules for when a parent’s parental rights can be terminated in West Virginia. Specifically, it limits the number of ‘improvement periods’ a parent can receive after a child is removed from their care. Currently, a parent could receive up to three improvement periods per child or action. This bill reduces that to a maximum of three filings or two improvement periods for parents with prior termination of parental rights, and one for those with two or more prior terminations. The bill also clarifies the circumstances under which improvement periods can be granted and extended.
Key provisions
- Limits the number of improvement periods a parent can receive per child or action to a maximum of three filings.
- Reduces the number of improvement periods for parents with prior termination of parental rights to a maximum of two.
- Limits improvement periods to one for parents with two or more prior terminations of parental rights.
- Clarifies the criteria for granting improvement periods, including demonstrating participation and a change in circumstances.
- Establishes time limits for hearings and extensions of improvement periods.
- Specifies that a child cannot be in foster care for more than 15 months of the most recent 22 months, unless compelling circumstances exist.
- Limits the number of improvement periods a parent can receive to a maximum of three.
- Sets specific limits on improvement periods based on the number of prior terminations of parental rights.
Who is affected
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