Senate 1029

WEST virginia legislature

2026 regular session

Committee Substitute

for

Senate Bill 1029

By Senators Willis, deeds, and Bartlett

[Reported February 24, 2026, from the Committee on the Judiciary]

A BILL to amend and reenact §49-2-802a of the Code of West Virginia, 1931, as amended, relating to state responsibilities for children; and providing parents with plain-language statements of immediate rights and ongoing rights.   

Be it enacted by the Legislature of West Virginia:

ARTICLE 2. STATE RESPONSIBILITIES FOR CHILDREN.

§49-2-802a. Information to be provided at the outset of a child protective services investigation.

(a) Notwithstanding any other provision to the contrary, immediately upon initiating an investigation of a parent or other person having legal custody of a child, the department shall, upon first contact with the individual, provide the individual with a copy of A Parent’s Guide to Working with Child Protective Services (guide),a Plain‑Language Statement of Immediate Rights, and a Plain‑Language Statement of Ongoing Rights.

(b) The guide shall include a short and plain statement to include, but not be limited to, the following:

(1) Steps that the department will take to investigate signs of abuse and neglect;

(2) Steps that may need to be taken to make a safer or healthier home for the child;

(3) An overview of the court process;

(4) The confidentiality of maltreatment reports and case appeals;

(5) Child visitation; and  

(6) Case appeals.

(c) The Plain‑Language Statement of Immediate Rights shall be written on a single sheet of paper in large font. The case worker shall give the parent or other person having legal custody of a child time to read the Plain‑Language Statement of Immediate Rights. The statement shall state as follows verbatim:

(1) Right to privacy. You have the right to be free from unreasonable searches and seizures. A Child Protective Services worker may not search your home or property without your consent, a court order, or another lawful reason;

(2) Right to refuse entry. You have the right to refuse to allow a Child Protective Services worker to enter your home unless the worker has a warrant or another legal basis to enter;

(3) Right to consent or refuse services. You have the right to refuse Child Protective Services that are offered to you. If you refuse services, you have the right to be told what the possible consequences of refusing services may be;

(4) Right to be treated fairly. You have the right to be free from discrimination based on age, race, color, sex, disability, religion, national origin, or political belief;

(5) Right to communication access. If you have a disability that affects hearing, vision, or speech, you have the right to receive auxiliary aids or services at no cost to you so that you can understand and communicate effectively;

(6) Right to know why Child Protective Services is involved. You have the right to be informed that a report or concern has been made about your child or family, to the extent allowed by law, while protecting the identity of the person who made the report; and

(7) Right to record. You have the right to record audio of every investigatory interaction with child protective services representatives.

(d) The Plain‑Language Statement of Ongoing Rights shall be written on a single sheet of paper in large font. The Department of Human Services shall ensure that this statement is available in alternative formats and languages as required by law and shall document in the case record that the Plain‑Language Statement of Ongoing Rights was provided. The statement shall state as follows verbatim:

(1) Right to confidentiality. Information collected and kept by the Department of Human Services during an investigation or while providing services must be kept confidential as required by law, including §49‑5‑101(a) of this code;

(2) Right to see your file. You have the right to request and review your personal file held by the Department of Human Services, as allowed by law and in accordance with §49‑5‑101(b) of this code;

(3) Right to know the investigation results. You have the right to be informed of the findings of a child abuse or neglect investigation and to be told how those findings may affect you and your family;

(4) Right to be informed of actions taken. You have the right to be told about major actions taken by the Department of Human Services regarding your family and the reasons for those actions throughout the life of the case;

(5) Right to appeal and grieve decisions. You have the right to appeal decisions about your inclusion in or exclusion from services, and the right to request a grievance hearing about how you or your child are treated by Department of Human Services staff or about any service provided or denied; and

(6) Right to continued fair treatment. You have the right to be treated with dignity and respect and to be free from discrimination throughout the investigation and any service period.

(e) The Child Protective Services worker shall document in the case record that the Plain‑Language Statements of Immediate and Ongoing Rights was provided and shall make reasonable efforts to explain the statement verbally.