House 5042

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 5042

By Delegate Burkhammer

[Introduced February 02, 2026; referred to the Committee on Health and Human Resources]

A BILL to amend and reenact the Code of West Virginia, 1931, as amended, by adding a new section, designated §49-2-125a, relating to prohibiting a child in custody of the state from being placed in a nonapproved facility; and providing for exceptions.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2. STATE RESPONSIBILITIES FOR CHILDREN.

§49-2-125a. Placement of children in approved facilities; exceptions.

(a) No child in the custody of the state shall be placed in a facility that has not been approved by Department of Human Services.

(b) In extraordinary circumstances only, the Secretary of the Department of Human Services may approve for a child to be placed in an unapproved facility.

(c) The Department of Human Services shall provide a list of approved out-of-state placement facilities for children in the custody of the state.

(1) The Department of Human Services shall update this list at least annually.

(2) The Department of Human Services shall create a level of standards for out of state facilities.

(3) The list shall include the location and the specialty of each facility.

NOTE: The purpose of this bill is to prohibit a child in the custody of the state from being placed in a nonapproved facility. The bill provides for exceptions.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.