House 5208

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 5208

By Delegate Anders

[Introduced February 05, 2026; referred to the Committee on the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §49-13-1, §49-13-2, §49-13-3, §49-13-4, §49-13-5, §49-13-6, §49-13-7, §49-13-8, §49-13-9, §49-13-10, §49-13-11, and §49-13-12, relating to child protective services; establishing the Child Protective Services Due Process and Child Protection Act;  clarifying that child abuse and neglect matters are governed exclusively by this article; requiring heightened burdens of proof; mandating sworn testimony; prohibiting administrative or "safety plan" removals; guaranteeing the right to counsel; establishing clear evidentiary standards; protecting against poverty-based removals;; creating penalties for misconduct; and providing transparency and oversight.

Be it enacted by the Legislature of West Virginia:

ARTICLE 13.  CHILD PROTECTIVE SERVICES DUE PROCESS AND CHILD PROTECTION ACT

§49-13-1. Short title.

This Article shall be known and may be cited as the "Child Protective Services Due Process and Child Protection Act."

§49-13-2. Legislative findings.

(a) The Legislature finds that the family is the foundational institution of a free society, and the removal of a child from a parent is one of the most severe deprivations of liberty known to law, requiring the highest procedural safeguards.

§49-13-3. Scope and jurisdiction.

This article governs all child abuse and neglect investigations, removals, custody restrictions, and termination of parental rights initiated by Child Protective Services.

§49-13-4. Sworn testimony required.

All Child Protective Services testimony, reports, or recommendations shall be sworn under oath and subject to penalties of perjury.

§49-13-5. Proceedings in a court of record.

(a) All proceedings affecting parental rights shall occur in court of record and be recorded for appeal.

(b) Notwithstanding the requirements of recording and preservation under this section, the court shall take reasonable steps to protect the privacy and dignity of any child or parent involved in allegations of sexual abuse or sexual assault, consistent with constitutional due process

§49-13-5a. Privacy protections in cases involving allegations of sexual assault.

(a)  In any child protective services proceeding involving allegations of sexual assault, the court shall:

(1) Seal personally identifying information of the alleged victim and accused parent or guardian from public disclosure, except as necessary for judicial proceedings, appeal, or lawful investigation;

(2) Use initials or pseudonyms in publicly accessible dockets, orders, and opinions;

(3) Conduct in-camera review of sensitive evidence when necessary to protect privacy, provided that all parties retain full access to the evidence for purposes of defense and cross-examination.

(b) No audio, video, transcript, report, or exhibit containing graphic sexual content or identifying information of an alleged victim or accused parent may be released to the public, except by court order upon a showing of compelling public interest.

(c) Nothing in this section shall be construed to:

(1) Limit the accused parent's right to confront witnesses, access evidence, or receive a fair and public trial;

(2) Permit anonymous accusations to serve as evidence absent sworn testimony subject to cross-examination; or

(3) Allow sealing or records to conceal government misconduct, perjury, or violations of due process.

(d) Any intentional disclosure by a government employee of sealed or protected information in violation of this section constitutes misconduct and is subject to disciplinary action, civil liability, and applicable criminal penalties.

§49-13-6. Prohibition on administrative or safety plan removals.

No child may be removed without a court order except in cases of immediate physical danger.

§49-13-7. Legal standards for state intervention.

(a) Emergency removal requires probable cause; adjudication requires clear and convincing evidence; termination requires proof beyond a reasonable doubt.

§49-13-8. Poverty not neglect.

Poverty-related conditions may not constitute abuse or neglect.

§49-13-9. Right to counsel.

Parents shall be appointed legal counsel immediately upon any removal.

§49-13-10. Penalties for misconduct.

Child Protective Services misconduct is punishable by criminal penalties and civil liability.

§49-13-11. Transparency and oversight.

Quarterly public reporting of Child Protective Services is required.

§49-13-12. Effective Date.

This article shall take effect July 1, 2027.

NOTE: The purpose of this bill is to create the Child Protective Services Due Process and Child Protection Act.

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