Loading chat...

WV HB4986

Bill

Status

Engrossed

3/4/2026

Primary Sponsor

Lori Dittman

Click for details

Origin

House of Delegates

2026 Regular Session

AI Summary

  • Expands the definition of child abandonment to include situations where a parent is incarcerated for a significant portion of the child's minority, considering the child's age and need for a permanent home

  • Presumes abandonment when an incarcerated parent has been determined to be a habitual offender, sexually violent predator, or convicted of first/second degree murder or felony sexual offenses

  • Requires courts to consider specific factors when determining if continuing a parental relationship with an incarcerated parent would harm the child, including the child's age, parent-child relationship, criminal history, and developmental needs

  • Mandates the Department of Health and Human Resources to file petitions to terminate parental rights when a parent has subjected a child to felony child abuse or felony sexual assault/abuse

  • Removes the exception that previously protected incarcerated parents from having their lack of contact with children considered voluntary when determining abandonment in certain circumstances

Legislative Description

Relating to providing additional ground for abandonment finding in an adoption proceeding

Human Services

Last Action

To Judiciary

3/5/2026

Committee Referrals

Judiciary3/5/2026
Judiciary1/30/2026

Full Bill Text

No bill text available