SB 438
Relating to circumstances of parental rights
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill changes the circumstances under which West Virginia’s Department of Human Services can seek to terminate a parent’s rights and extends the time limits for improvement periods in cases involving child neglect or abuse. Specifically, it broadens the situations where termination is required, including longer periods in foster care and certain abusive behaviors. It also adjusts the length of improvement periods, potentially impacting reunification efforts for families involved in child welfare proceedings.
Key provisions
- Expands the circumstances under which the Department of Human Services can petition to terminate parental rights, including longer periods in placement and specific abusive behaviors.
- Increases the time limit for a parent’s improvement period, allowing for longer periods of supervision and support.
- Establishes different types of improvement periods: pre-adjudicatory, post-adjudicatory, and post-dispositional.
- Requires the Department of Human Services to prepare and submit a family case plan during improvement periods.
- Allows for extensions of improvement periods up to three months under specific circumstances.
- Outlines procedures for terminating improvement periods when a parent fails to comply or has met the requirements.
- Limits the total time a child can spend in placement (foster care, kinship, etc.) to 15 months of the last 22, unless compelling circumstances exist.
- Requires a release of medical information from the respondent during improvement periods.
Who is affected
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