HB 4986
Relating to providing additional ground for abandonment finding in an adoption proceeding
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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 grounds for declaring a child abandoned in adoption proceedings in West Virginia. Specifically, it establishes presumptions of abandonment based on a parent’s incarceration, particularly if it’s a significant portion of the child’s minority and the parent has a criminal history involving sexual offenses or violent crimes. The bill also clarifies factors a court should consider when determining abandonment, including the child’s age, relationship with the parent, and the parent’s ability to meet the child’s needs.
Key provisions
- Establishes a presumption of abandonment if a parent is incarcerated for a significant portion of the child’s minority, especially if the parent has a criminal history.
- Creates a presumption of abandonment based on a parent’s denial of paternity or failure to contribute financially after conception.
- Specifies factors a court must consider when determining abandonment, including the child’s age, relationship with the parent, and the parent’s ability to provide for the child’s needs.
- Requires termination of parental rights in cases involving sexual offenses against children.
- Allows a birth parent to present compelling circumstances preventing support, visitation, or communication with the child.
- Defines ‘substantial similarity’ for offenses when determining if a crime in another jurisdiction is substantially similar to a West Virginia offense.
- Outlines circumstances where the Department of Health and Human Resources (DHHR) may not file a petition to terminate parental rights.
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