HB 5204
Relating to establishing the Child Captivity Prevention Act.
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill, the Child Captivity Prevention Act, aims to ensure the safety of children moving to West Virginia and choosing to homeschool. When a child moves to the state and their parents plan to homeschool, the county school board must notify the Department of Human Services. The Department will then schedule a brief, voluntary home visit to assess the child’s well-being and environment, focusing on immediate safety concerns, while respecting parental rights and home schooling laws.
Key provisions
- Requires notification to the Department of Human Services when a child moves to West Virginia and the parents intend to homeschool.
- Mandates a ‘student education and wellness assurance visit’ to the child’s home.
- Allows for a brief, age-appropriate conversation with the child during the visit, with parental consent.
- The Department of Human Services can initiate an investigation only if immediate safety concerns are identified.
- All information collected is confidential and protected under state law.
- The Act does not require parental approval to relocate or interfere with lawful home instruction.
- The Act does not authorize routine or suspicion-less child abuse investigations.
- The Act respects the constitutional rights of parents and children.
Who is affected
- Parents and guardians of children moving to West Virginia
- Children moving to West Virginia
- Department of Human Services
- County School Boards
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