WV SB795

Parents, guardians, or custodians of children held in temporary protective custody at a hospital gain the explicit right to obtain an independent medical evaluation at their own expense

Children can be taken into emergency protective custody without a court order when found without supervision presenting immediate threat of serious harm, or when requiring emergency medical treatment that parents refuse or are unavailable to authorize

Protective custody terminates after 96 hours or when emergency circumstances end, whichever occurs first, unless a petition and court order for temporary custody is obtained

Parents cannot be denied the right to see or visit their child while the child is held in protective custody at a hospital

The bill amends West Virginia Code §49-4-301, introduced February 6, 2026, and referred to the Senate Committee on Health and Human Resources