HB 5107
Relating to requiring a court to verify certain conditions are met before a child who has been removed from a home may be returned to that home
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill requires West Virginia courts to thoroughly verify specific conditions are met before returning a child who has been removed from their home. The court must ensure the conditions that led to the removal have been addressed and that the parents or guardians are capable of providing a safe and stable environment. The bill also outlines requirements for guardians ad litem and establishes criteria for determining when reunification efforts should be discontinued, particularly when there’s a lack of progress or ongoing risk to the child’s well-being. It emphasizes the need for parental participation in substance use disorder treatment programs.
Key provisions
- Requires courts to verify specific conditions are met before returning a child to their home.
- Outlines requirements for guardians ad litem, including educational and professional conduct standards.
- Establishes criteria for determining when reunification efforts should be discontinued, considering factors like parental capacity and substance use.
- Mandates verification of parental participation in substance use disorder treatment programs before reunification.
- Specifies factors the court must consider when determining whether to terminate parental rights.
- Requires a court to consider the wishes of a child 14 years of age or older regarding the termination of parental rights.
- Addresses the need for continuity of care and caretakers during the reunification process.
- Details circumstances that may preclude reasonable efforts to preserve the family.
Who is affected
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