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WV HB5208

Bill

Status

Introduced

2/5/2026

Primary Sponsor

Chris Anders

Click for details

Origin

House of Delegates

2026 Regular Session

AI Summary

  • Requires all Child Protective Services testimony, reports, and recommendations to be sworn under oath and subject to perjury penalties, with all proceedings affecting parental rights recorded in a court of record for appeal purposes

  • Prohibits child removal without a court order except in cases of immediate physical danger, eliminating administrative or "safety plan" removals by CPS

  • Establishes tiered burden of proof standards: probable cause for emergency removal, clear and convincing evidence for adjudication, and proof beyond a reasonable doubt for termination of parental rights

  • Mandates immediate appointment of legal counsel for parents upon any child removal and prohibits poverty-related conditions from constituting abuse or neglect

  • Creates criminal penalties and civil liability for CPS misconduct, requires quarterly public reporting of CPS activities, and takes effect July 1, 2027

Legislative Description

The Family Justice Restoration and Due Process Act of 2026

Courts

Last Action

To House Judiciary

2/5/2026

Committee Referrals

Judiciary2/5/2026

Full Bill Text

No bill text available