HB 5208
The Family Justice Restoration and Due Process Act of 2026
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
The Family Justice Restoration and Due Process Act of 2026 aims to strengthen the legal protections for families involved in child protective services cases in West Virginia. This bill establishes a new legal framework, the Child Protective Services Due Process and Child Protection Act, designed to ensure fairer procedures and higher standards of proof in investigations, removals, and potential termination of parental rights. It prioritizes court-based proceedings, guarantees the right to legal counsel for parents, and prohibits administrative removals without a court order, while also addressing privacy concerns in cases involving allegations of sexual assault.
Key provisions
- Requires sworn testimony in all child protective services proceedings.
- Prohibits administrative or ‘safety plan’ removals of children without a court order.
- Guarantees the right to legal counsel for parents involved in child protective services cases.
- Establishes heightened evidentiary standards for state intervention (probable cause, clear and convincing evidence, proof beyond a reasonable doubt).
- Specifically addresses privacy protections in cases involving allegations of sexual assault, including sealing records and using initials.
- Declares that poverty-related conditions do not constitute abuse or neglect.
- Creates penalties for misconduct by Child Protective Services.
- Mandates quarterly public reporting by Child Protective Services.
Who is affected
- Parents and children involved in child protective services investigations.
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