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WV HB5208
Bill
Status
2/5/2026
Primary Sponsor
Chris Anders
Click for details
AI Summary
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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
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Prohibits child removal without a court order except in cases of immediate physical danger, eliminating administrative or "safety plan" removals by CPS
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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
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Mandates immediate appointment of legal counsel for parents upon any child removal and prohibits poverty-related conditions from constituting abuse or neglect
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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