West Virginia 2026 Session Status: Introduced 8 R cosponsors

HB 4604 — Relating to abuse and neglect cases

Last action — To House Finance

  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House of Delegates
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Relating to abuse and neglect cases

Bill Text

What changed in the latest version

455 added · 606 removed

Plain-language change summary

The recent amendments to Bill HB 4604 involved changing its title from "Introduced" to "Committee Substitute," which indicates that the bill has gone through a committee review and has been revised. Additionally, some sections initially included in the bill, like §49-4-602 and §49-4-604, have been removed, which may streamline the legislation and focus on specific aspects of abuse and neglect cases. This matters because it can lead to more effective legal changes that address urgent issues without unnecessary complexity.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION Introduced House Bill 4604 By Delegates Burkhammer, Mazzocchi, Chiarelli, Flanigan, Heckert, Kimble, Miller, Pinson, and Ridenour [Introduced January 20, 2026;
CS for HB 4604 WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for House Bill 4604 By Delegates Burkhammer, Mazzocchi, Chiarelli, Flanigan, Heckert, Kimble, Miller, Pinson, and Ridenour [Originating in the Committee on the Judiciary then Finance;
referred to the Committee on the Judiciary then Finance] Intr HB 2026R3073H 2026R3109S A BILL to amend and reenact §29-21-13a, §49-1-201, §49-4-405, §49-4-601, §49-4-602, §49-4- 604, §49-4-608, §49-4-610 of the Code of West Virginia, 1931, as amended, relating to abuse and neglect cases.
Reported on February 20, 2026] CS for HB 4604 A BILL to amend and reenact §29-21-13a, §49-1-201, §49-4-405, §49-4-601, §49-4-608, §49-4- 610 of the Code of West Virginia, 1931, as amended, relating to abuse and neglect cases.
Intr HB 2026R3073H 2026R3109S (d)(1) If Public Defender Services rejects a voucher, the attorney submitting the voucher shall be notified electronically of the rejection and provided detailed reasons for the rejection within 30 business days of submission of the voucher.
(d)(1) If Public Defender Services rejects a voucher, the attorney submitting the voucher shall be notified electronically of the rejection and provided detailed reasons for the rejection within 1 CS for HB 4604 30 business days of submission of the voucher.
Intr HB 2026R3073H 2026R3109S (4) The attorney may submit records and certification from the appointing court that the services or expenses reflected in the amount reduced were performed or incurred and were reasonable and necessary.
(4) The attorney may submit records and certification from the appointing court that the services or expenses reflected in the amount reduced were performed or incurred and were 2 CS for HB 4604 reasonable and necessary.
Intr HB 2026R3073H 2026R3109S (i) Notwithstanding any other provision of this section to the contrary, a panel attorney may be compensated for services rendered and reimbursed for expenses incurred prior to the completion of the case where:
(i) Notwithstanding any other provision of this section to the contrary, a panel attorney may be compensated for services rendered and reimbursed for expenses incurred prior to the 3 CS for HB 4604 completion of the case where:
(3) (2) Compensation for legal services performed for a panel attorney by a paralegal out- of-court is to be calculated using a rate of not less than $20 per hour and no such compensation is Intr HB 2026R3073H 2026R3109S to be paid for in-court services performed for a panel attorney by a paralegal absent prior approval of the circuit court before whom the panel attorney is appearing and subject to maximum reimbursement amounts set by agency rule.
(3) (2) Compensation for legal services performed for a panel attorney by a paralegal out- of-court is to be calculated using a rate of not less than $20 per hour and no such compensation is to be paid for in-court services performed for a panel attorney by a paralegal absent prior approval of the circuit court before whom the panel attorney is appearing and subject to maximum 4 CS for HB 4604 reimbursement amounts set by agency rule.
(2) There may be no reimbursement of expenses for or production of a transcript of a preliminary hearing before a magistrate or juvenile referee, or of a magistrate court trial, where the Intr HB 2026R3073H 2026R3109S hearing or trial has also been recorded electronically in accordance with the provisions of §50-5-8 of this code or court rule;
(2) There may be no reimbursement of expenses for or production of a transcript of a preliminary hearing before a magistrate or juvenile referee, or of a magistrate court trial, where the hearing or trial has also been recorded electronically in accordance with the provisions of §50-5-8 of this code or court rule;
(3) Reimbursement of the expense of an appearance fee for a court reporter who reports a proceeding other than one described in subdivision (2) of this subsection is limited to $25.
5 CS for HB 4604 (3) Reimbursement of the expense of an appearance fee for a court reporter who reports a proceeding other than one described in subdivision (2) of this subsection is limited to $25.
(m) For purposes of compensation under this section, an appeal from magistrate court to circuit court, an appeal from a final order of the circuit court, or a proceeding seeking an Intr HB 2026R3073H 2026R3109S extraordinary remedy made to the Supreme Court of Appeals shall be considered a separate case.
(m) For purposes of compensation under this section, an appeal from magistrate court to circuit court, an appeal from a final order of the circuit court, or a proceeding seeking an extraordinary remedy made to the Supreme Court of Appeals shall be considered a separate case.
(n) Vouchers submitted under this section shall specifically set forth the nature of the service rendered, the stage of proceeding or type of hearing involved, the date and place the service was rendered, and the amount of time expended in each instance.
6 CS for HB 4604 (n) Vouchers submitted under this section shall specifically set forth the nature of the service rendered, the stage of proceeding or type of hearing involved, the date and place the service was rendered, and the amount of time expended in each instance.
The maximum amount of compensation for out-of-court and in-court work under this section shall be limited to $1,000 for Intr HB 2026R3073H 2026R3109S expungement services in addition to the limits imposed on the underlying criminal charge or charges, unless the court, for good cause shown, approves payment of a larger sum.
The maximum amount of compensation for out-of-court and in-court work under this section shall be limited to $1,000 for expungement services in addition to the limits imposed on the underlying criminal charge or charges, unless the court, for good cause shown, approves payment of a larger sum.
The actual and necessary expenses incurred in providing legal representation for expungement proceedings under this section shall be reimbursed to a maximum of $500 unless the court, for good cause shown, approves reimbursement of a larger sum.
The actual 7 CS for HB 4604 and necessary expenses incurred in providing legal representation for expungement proceedings under this section shall be reimbursed to a maximum of $500 unless the court, for good cause shown, approves reimbursement of a larger sum.
Intr HB 2026R3073H 2026R3109S (5) The average number of hours itemized and billed in each case by an appointed panel attorney serving as guardian ad litem from the initial appointment date until permanency for the child has been achieved as reflected by court order;
(5) The average number of hours itemized and billed in each case by an appointed panel attorney serving as guardian ad litem from the initial appointment date until permanency for the 8 CS for HB 4604 child has been achieved as reflected by court order;
or Intr HB 2026R3073H 2026R3109S (E) Human trafficking or attempted human trafficking, in violation of §61-14-2 of this code.
or (E) Human trafficking or attempted human trafficking, in violation of §61-14-2 of this code.
(2) A child conceived as a result of sexual assault, as that term is defined in this section, or as a result of the violation of a criminal law of another jurisdiction which has the same essential elements:
9 CS for HB 4604 (2) A child conceived as a result of sexual assault, as that term is defined in this section, or as a result of the violation of a criminal law of another jurisdiction which has the same essential elements:
Intr HB 2026R3073H 2026R3109S (C) Preventing the unnecessary removal of children from their families by identifying family problems and assisting families in resolving problems which could lead to a removal of children and a breakup of the family;
(C) Preventing the unnecessary removal of children from their families by identifying family problems and assisting families in resolving problems which could lead to a removal of children and a breakup of the family;
(D) In cases where children have been removed from their families, providing time-limited reunification services to the children and the families so as to reunify those children with their families, or some portion of the families;
10 CS for HB 4604 (D) In cases where children have been removed from their families, providing time-limited reunification services to the children and the families so as to reunify those children with their families, or some portion of the families;
"Guardian ad litem" means an attorney appointed by the court to represent the child or children in a juvenile abuse neglect proceeding.
"Guardian ad litem" means an attorney appointed by the court to represent the child or children, and the best interests of the child or children in a juvenile abuse neglect proceeding.
Intr HB 2026R3073H 2026R3109S (D) Abandonment by the parent, guardian, or custodian;
(D) Abandonment by the parent, guardian, or custodian;
(G) Sale or attempted sale of the child by the parent, guardian, or custodian;
11 CS for HB 4604 (G) Sale or attempted sale of the child by the parent, guardian, or custodian;
Intr HB 2026R3073H 2026R3109S "Sexual abuse" means:
"Sexual abuse" means:
(A) Sexual intercourse, sexual intrusion, sexual contact, or conduct proscribed by §61-8c-3 of this code, which a parent, guardian, or custodian engages in, attempts to engage in, or knowingly procures another person to engage in, with a child notwithstanding the fact that for a child who is less than 16 years of age, the child may have willingly participated in that conduct or the child may have suffered no apparent physical, mental or emotional injury as a result of that conduct or, for a child 16 years of age or older, the child may have consented to that conduct or the child may have suffered no apparent physical injury or mental or emotional injury as a result of that conduct;
(A) Sexual intercourse, sexual intrusion, sexual contact, or conduct proscribed by §61-8c-3 of this code, which a parent, guardian, or custodian engages in, attempts to engage in, or 12 CS for HB 4604 knowingly procures another person to engage in, with a child notwithstanding the fact that for a child who is less than 16 years of age, the child may have willingly participated in that conduct or the child may have suffered no apparent physical, mental or emotional injury as a result of that conduct or, for a child 16 years of age or older, the child may have consented to that conduct or the child may have suffered no apparent physical injury or mental or emotional injury as a result of that conduct;
or Intr HB 2026R3073H 2026R3109S (C) A parent, guardian, or custodian knowingly maintains or makes available a child for the purpose of engaging the child in commercial sexual activity in violation of §61-14-5 of this code.
or (C) A parent, guardian, or custodian knowingly maintains or makes available a child for the purpose of engaging the child in commercial sexual activity in violation of §61-14-5 of this code.
"Sexual intercourse" means sexual intercourse as that term is defined in §61-8b-1 of this code.
13 CS for HB 4604 "Sexual intercourse" means sexual intercourse as that term is defined in §61-8b-1 of this code.
(5) The child’s counsel or known as the guardian ad litem;
(5) The child’s counsel or the guardian ad litem;
Intr HB 2026R3073H 2026R3109S (7) A member of a child advocacy center when the child has been processed through the child advocacy center program or programs or it is otherwise appropriate that a member of the child advocacy center participate;
(7) A member of a child advocacy center when the child has been processed through the child advocacy center program or programs or it is otherwise appropriate that a member of the child advocacy center participate;
(9) Any other person entitled to notice and the right to be heard;
14 CS for HB 4604 (9) Any other person entitled to notice and the right to be heard;
Intr HB 2026R3073H 2026R3109S (d) The multidisciplinary treatment team shall submit written reports to the court as required by the rules governing this type of proceeding or by the court and shall meet as often as deemed necessary but at least every three months until the case is dismissed from the docket of the court.
(d) The multidisciplinary treatment team shall submit written reports to the court as required by the rules governing this type of proceeding or by the court and shall meet as often as deemed necessary but at least every three months until the case is dismissed from the docket of 15 CS for HB 4604 the court.
When there is an order for temporary custody pursuant to this article, the preliminary hearing shall be held within ten Intr HB 2026R3073H 2026R3109S days of the order continuing or transferring custody, unless a continuance for a reasonable time is granted to a date certain, for good cause shown.
When there is an order for temporary custody pursuant to this article, the preliminary hearing shall be held within ten days of the order continuing or transferring custody, unless a continuance for a reasonable time is granted to a date certain, for good cause shown.
-- At the time of the institution of any proceeding under this article, the department shall provide supportive services in an effort to remedy circumstances detrimental to a child.
-- At the time of the institution of any 16 CS for HB 4604 proceeding under this article, the department shall provide supportive services in an effort to remedy circumstances detrimental to a child.
-- (1) In any proceeding under this article, the a child, his or her parents and his or her legally established custodian or other persons standing in loco parentis to him or her may be represented Intr HB 2026R3073H 2026R3109S by a guardian ad litem, legal counsel, or both at every stage of the proceedings and a guardian ad litem, legal counsel, or both shall be appointed.
-- (1) In any proceeding under this article, the a child, his or her parents and his or her legally established custodian or other persons standing in loco parentis to him or her may be represented by a guardian ad litem, legal counsel, or both at every stage of the proceeding and a guardian ad litem, legal counsel, or both shall be appointed.
In this initial order of appointment, the court shall certify that the all appointed counsel have met all educational requirements to serve as a guardian ad litem, shall outline the duties, obligations, and responsibilities of the guardian ad litem including requiring regular in-person contact with the minor child, or children, and shall require that the guardian ad litem, adhere to the requirements of the Rules of Procedure for Child Abuse and Neglect Proceedings, the Rules of Professional Conduct, and such other rules as the West Virginia Supreme Court of Appeals may promulgate, including any appendices thereto.
(2) In any proceeding under this article, a child’s his or her parents and his or her legally 17 CS for HB 4604 established custodian or other persons standing in loco parentis to him or her has the right to be represented by counsel at every stage of the proceedings and shall be informed by the court of their right to be so represented and that if they cannot pay for the services of counsel, that counsel will be appointed.
(2) In any proceeding under this article, a child’s his or her parents and his or her legally established custodian or other persons standing in loco parentis to him or her has the right to be represented by counsel at every stage of the proceedings and shall be informed by the court of their right to be so represented and that if they cannot pay for the services of counsel, that counsel will be appointed.
however, if more than one child from a family is involved in the Intr HB 2026R3073H 2026R3109S proceeding, one attorney may represent all the children.
however, if more than one child from a family is involved in the proceeding, one attorney may represent all the children.
(7) An assistant guardian ad litem may be appointed in the initial order or a subsequent order, on the court’s own motion or upon written request of the individual appointed or to be appointed as guardian ad litem, to assist the guardian ad litem in carrying out his or her duties including conducting visits, speaking directly with the child or children who are represented by the guardian ad litem, meeting in-person with the child or children without the guardian ad litem present following an initial meeting between the guardian ad litem and child or children, providing periodic written reports to the guardian ad litem being assisted by the assistant guardian ad litem, and attending hearings and multidisciplinary team meetings:
(7) An assistant guardian ad litem may be appointed in the initial order or a subsequent order, on the court’s own motion, or upon written request of the individual appointed, or to be appointed, as guardian ad litem to assist the guardian ad litem in carrying out his or her duties including conducting visits, speaking directly with the child or children who are represented by the guardian ad litem, meeting in-person with the child or children without the guardian ad litem 18 CS for HB 4604 present following an initial meeting between the guardian ad litem and child or children, providing periodic written reports to the guardian ad litem being assisted by the assistant guardian ad litem, and attending hearings and multidisciplinary team meetings:
-- In any proceeding pursuant to this article, the party or parties Intr HB 2026R3073H 2026R3109S having custodial or other parental rights or responsibilities to the child shall be afforded a meaningful opportunity to be heard, including the opportunity to testify and to present and cross- examine witnesses.
-- In any proceeding pursuant to this article, the party or parties having custodial or other parental rights or responsibilities to the child shall be afforded a meaningful opportunity to be heard, including the opportunity to testify and to present and cross- examine witnesses.
At the conclusion of the adjudicatory hearing, the court shall make a determination based upon the evidence and shall make findings of fact and conclusions of law as to whether the child is abused or neglected and whether the respondent is abusing, neglecting, or, if applicable, a battered parent, all of which shall be incorporated into the order of the court.
At the conclusion of the adjudicatory hearing, the court shall make a determination based upon the evidence and shall make findings of fact and conclusions of law as to whether the child is abused or neglected and whether the respondent is abusing, neglecting, or, if applicable, a battered parent, all of which shall be incorporated into the 19 CS for HB 4604 order of the court.
The evidence shall be transcribed and made available to the parties or their counsel as soon as practicable, if the same is required for purposes of further Intr HB 2026R3073H 2026R3109S proceedings.
The evidence shall be transcribed and made available to the parties or their counsel as soon as practicable, if the same is required for purposes of further proceedings.
§49-4-602.
20 CS for HB 4604 (m) A court may, at its discretion, continue any hearing scheduled pursuant to this section, or a party may file a written motion for a continuance which a court may grant for good cause shown:
Petition to court when child believed neglected or abused;
Provided, That when a court grants a continuance, the court shall enter an order granting the continuance, specifying a future date when the hearing will be held, and providing the specific factual basis for granting the continuance.
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temporary care, custody, and control of child at different stages of proceeding;
temporary care;
orders;
emergency removal;
when reasonable efforts to preserve family are unnecessary.
(a)(1) Temporary care, custody, and control upon filing of the petition.
-- Upon the filing of a petition, the court may order that the child alleged to be an abused or neglected child be delivered for not more than ten days into the care, custody, and control of the department or a responsible person who is not the custodial parent or guardian of the child, if it finds that:
(A) There exists imminent danger to the physical well-being of the child;
and (B) There are no reasonably available alternatives to removal of the child, including, but not limited to, the provision of medical, psychiatric, psychological or homemaking services in the child's present custody.
(2) Where the alleged abusing person, if known, is a member of a household, the court shall not allow placement pursuant to this section of the child or children in the home unless the alleged abusing person is or has been precluded from visiting or residing in the home by judicial order.
(3) In a case where there is more than one child in the home, or in the temporary care, Intr HB 2026R3073H 2026R3109S custody or control of the alleged offending parent, the petition shall so state.
Notwithstanding the fact that the allegations of abuse or neglect may pertain to less than all of those children, each child in the home for whom relief is sought shall be made a party to the proceeding.
Even though the acts of abuse or neglect alleged in the petition were not directed against a specific child who is named in the petition, the court shall order the removal of the child, pending final disposition, if it finds that there exists imminent danger to the physical well-being of the child and a lack of reasonable available alternatives to removal.
(4) The initial order directing custody shall contain an order appointing counsel and scheduling the preliminary hearing, and upon its service shall require the immediate transfer of care, custody, and control of the child or children to the department or a responsible relative, which may include any parent, guardian, or other custodian.
The court order shall state:
(A) That continuation in the home is contrary to the best interests of the child and why;
and (B) Whether or not the department made reasonable efforts to preserve the family and prevent the placement or that the emergency situation made those efforts unreasonable or impossible.
The order may also direct any party or the department to initiate or become involved in services to facilitate reunification of the family.
(b) Temporary care, custody and control at preliminary hearing.
-- Whether or not the court orders immediate transfer of custody as provided in subsection (a) of this section, if the facts alleged in the petition demonstrate to the court that there exists imminent danger to the child, the court may schedule a preliminary hearing giving the respondents at least five days' actual notice.
If the court finds at the preliminary hearing that there are no alternatives less drastic than removal of the child and that a hearing on the petition cannot be scheduled in the interim period, the court may order that the child be delivered into the temporary care, custody, and control of the department or a responsible person or agency found by the court to be a fit and proper person for the temporary care of the child for a period not exceeding sixty days.
The court order shall state:
(1) That continuation in the home is contrary to the best interests of the child and set forth Intr HB 2026R3073H 2026R3109S the reasons therefor;
(2) Whether or not the department made reasonable efforts to preserve the family and to prevent the child's removal from his or her home;
(3) Whether or not the department made reasonable efforts to preserve the family and to prevent the placement or that the emergency situation made those efforts unreasonable or impossible;
(4) Whether or not the department made reasonable accommodations in accordance with the Americans with Disabilities Act of 1990, 42 U.S.C.
§12101, et seq., to parents with disabilities in order to allow them meaningful access to reunification and family preservation services;
and (5) What efforts should be made by the department, if any, to facilitate the child's return home.
If the court grants an improvement period as provided in section six hundred ten of this article, the sixty-day limit upon temporary custody is waived.
(c) Emergency removal by department during pendency of case.
-- Regardless of whether the court has previously granted the department care and custody of a child, if the department takes physical custody of a child during the pendency of a child abuse and neglect case (also known as removing the child) due to a change in circumstances and without a court order issued at the time of the removal, the department must immediately notify the court and a hearing shall take place within ten days to determine if there is imminent danger to the physical well-being of the child, and there is no reasonably available alternative to removal of the child.
The court findings and order shall be consistent with subsections (a) and (b) of this section.
(d) Situations when reasonable efforts to preserve the family are not required.
-- For purposes of the court's consideration of temporary custody pursuant to subsection (a), (b), or (c) of this section, the department is not required to make reasonable efforts to preserve the family if the court determines:
(1) The parent has subjected the child, another child of the parent or any other child residing in the same household or under the temporary or permanent custody of the parent to Intr HB 2026R3073H 2026R3109S aggravated circumstances which include, but are not limited to, abandonment, torture, chronic abuse and sexual abuse;
(2) The parent has:
(A) Committed murder of the child's other parent, guardian or custodian, another child of the parent or any other child residing in the same household or under the temporary or permanent custody of the parent;
(B) Committed voluntary manslaughter of the child's other parent, guardian or custodian, another child of the parent or any other child residing in the same household or under the temporary or permanent custody of the parent;
(C) Attempted or conspired to commit murder or voluntary manslaughter or been an accessory before or after the fact to either crime;
(D) Committed unlawful or malicious wounding that results in serious bodily injury to the child, the child's other parent, guardian or custodian, to another child of the parent or any other child residing in the same household or under the temporary or permanent custody of the parent;
(E) Committed sexual assault or sexual abuse of the child, the child's other parent, guardian or custodian, another child of the parent or any other child residing in the same household or under the temporary or permanent custody of the parent;
or (F) Has been required by state or federal law to register with a sex offender registry, and the court has determined in consideration of the nature and circumstances surrounding the prior charges against that parent, that the child's interests would not be promoted by a preservation of the family;
or (3) The parental rights of the parent to another child have been terminated involuntarily or consensually terminated pursuant to §49-4-607 of this code.
— Following a determination pursuant to §49-4-602 of this Intr HB 2026R3073H 2026R3109S code wherein the court finds a child to be abused or neglected, the department shall file with the court a copy of the child’s case plan, including the permanency plan for the child.
— Following a determination pursuant to §49-4-602 of this code wherein the court finds a child to be abused or neglected, the department shall file with the court a copy of the child’s case plan, including the permanency plan for the child.
The term "case plan" means a written document that includes, where applicable, the requirements of the family case plan as provided in §49-4-408 of this code and that also includes, at a minimum, the following:
The term “case plan” means a written document that includes, where applicable, the requirements of the family case plan as provided in §49-4-408 of this code and that also includes, at a minimum, the following:
The term "permanency plan" refers to that part of the case plan which is designed to achieve a permanent home for the child in the least restrictive setting available.
21 CS for HB 4604 The term “permanency plan” refers to that part of the case plan which is designed to achieve a permanent home for the child in the least restrictive setting available.
If reunification is not the permanency plan for the child, the plan must state why reunification is not appropriate and detail the alternative, concurrent permanent placement plans for the child to include approximate time lines for when the placement is expected to become a permanent Intr HB 2026R3073H 2026R3109S placement.
If reunification is not the permanency plan for the child, the plan must state why reunification is not appropriate and detail the alternative, concurrent permanent placement plans for the child to include approximate time lines for when the placement is expected to become a permanent placement.
(b) Requirements for a Guardian ad litem, assistant guardian ad litem, and other appointed attorneys.
(b) Requirements for a Guardian ad litem.
— (1) A guardian ad litem appointed pursuant to §49-4-601(f)(1) of this code, shall, in the performance of his or her duties, adhere to any specific orders or directives from the court, the requirements of the Rules of Procedure for Child Abuse and Neglect Proceedings and the Rules of Professional Conduct and such other rules as the West Virginia Supreme Court of Appeals may promulgate, and any appendices thereto, and must meet all educational requirements for the guardian ad litem.
— A guardian ad litem appointed pursuant to §49-4-601(f)(1) of this code, shall, in the performance of his or her duties, adhere to the requirements of the Rules of Procedure for Child Abuse and Neglect Proceedings and the Rules of Professional Conduct and such other rules as the West Virginia Supreme Court of Appeals may promulgate, and any appendices thereto, and must meet all educational requirements for the guardian ad litem.
(2) A guardian ad litem, assistant guardian ad litem, or any other attorney appointed to represent a respondent, or intervenor may not be paid for his or her services without a court order specifying that the attorney, guardian ad litem, or assistant guardian ad litem has fully adhered to and satisfied the obligations, duties, responsibilities, and requirements of all court orders, and the Rules of Procedure for Child Abuse and Neglect Proceedings, Rules of Professional Conduct, and such other rules as the West Virginia Supreme Court of Appeals has promulgated, including any appendices therein, and has not engaged in any conduct that resulted in an unreasonable delay or continuance of the proceedings.
A guardian ad litem may not be paid for his or her services without meeting the certification and educational requirements of the court.
(3) A guardian ad litem, any other attorney appointed to represent a respondent, or intervenor, or assistant guardian ad litem may not be paid for his or her services without a court order that specifies that the guardian ad litem, the appointed attorney, or the appointed assistant guardian ad litem has meeting satisfied the certification and educational requirements of the court.
The West Virginia Supreme Court of Appeals is requested to provide guidance to the judges of the circuit courts regarding supervision of said guardians ad litem.
(4) The West Virginia Supreme Court of Appeals is requested to provide guidance to the Intr HB 2026R3073H 2026R3109S judges of the circuit courts regarding supervision of said guardians ad litem.
— The court shall give precedence to dispositions in the following sequence:
— The court shall give precedence to dispositions in the CS for HB 4604 following sequence:
and Intr HB 2026R3073H 2026R3109S (E) The specific circumstances of the situation which made those efforts unreasonable if services were not offered by the department.
and (E) The specific circumstances of the situation which made those efforts unreasonable if services were not offered by the department.
(i) Be considered for legal guardianship;
CS for HB 4604 (i) Be considered for legal guardianship;
Notwithstanding any other provision of this article, the court shall give consideration to the wishes of a child 14 years of age or older or otherwise of an age of discretion as determined by the court regarding the permanent Intr HB 2026R3073H 2026R3109S termination of parental rights.
Notwithstanding any other provision of this article, the court shall give consideration to the wishes of a child 14 years of age or older or otherwise of an age of discretion as determined by the court regarding the permanent termination of parental rights.
The court order shall state:
The court order shall CS for HB 4604 state:
Intr HB 2026R3073H 2026R3109S (ii) Committed voluntary manslaughter of the child’s other parent, guardian, or custodian, another child of the parent, or any other child residing in the same household or under the temporary or permanent custody of the parent;
(ii) Committed voluntary manslaughter of the child’s other parent, guardian, or custodian, another child of the parent, or any other child residing in the same household or under the temporary or permanent custody of the parent;
(iii) Attempted or conspired to commit murder or voluntary manslaughter, or been an accessory before or after the fact to either crime;
(iii) Attempted or conspired to commit murder or voluntary manslaughter, or been an CS for HB 4604 accessory before or after the fact to either crime;
(C) The parental rights of the parent to another child have been terminated involuntarily or consensually terminated pursuant to §49-4-607 of this code;
(C) The parental rights of the parent to another child have been terminated involuntarily;
(d) As used in this section, "No reasonable likelihood that conditions of neglect or abuse can be substantially corrected" means that, based upon the evidence before the court, the abusing adult or adults have demonstrated an inadequate capacity to solve the problems of abuse or neglect on their own or with help.
(d) As used in this section, “No reasonable likelihood that conditions of neglect or abuse can be substantially corrected” means that, based upon the evidence before the court, the abusing adult or adults have demonstrated an inadequate capacity to solve the problems of abuse or neglect on their own or with help.
Intr HB 2026R3073H 2026R3109S (1) The abusing parent or parents have habitually abused or are addicted to alcohol, controlled substances or drugs, to the extent that proper parenting skills have been seriously impaired and the person or persons have not responded to or followed through the recommended and appropriate treatment which could have improved the capacity for adequate parental functioning;
(1) The abusing parent or parents have habitually abused or are addicted to alcohol, controlled substances or drugs, to the extent that proper parenting skills have been seriously impaired and the person or persons have not responded to or followed through the recommended and appropriate treatment which could have improved the capacity for adequate parental functioning;
(2) The abusing parent or parents have willfully refused or are presently unwilling to cooperate in the development of a reasonable family case plan designed to lead to the child’s return to their care, custody and control;
CS for HB 4604 (2) The abusing parent or parents have willfully refused or are presently unwilling to cooperate in the development of a reasonable family case plan designed to lead to the child’s return to their care, custody and control;
The court may order the child to Intr HB 2026R3073H 2026R3109S be placed with the parents, or any person found to be a fit and proper person, for the temporary care of the child during the period.
The court may order the child to be placed with the parents, or any person found to be a fit and proper person, for the temporary care of the child during the period.
(f) The court may not terminate the parental rights of a parent on the sole basis that the parent is participating in a medication-assisted treatment program, as regulated in §16-5Y-1 et seq., for substance use disorder, as long as the parent is successfully fulfilling his or her treatment obligations in the medication-assisted treatment program.
(f) The court may not terminate the parental rights of a parent on the sole basis that the CS for HB 4604 parent is participating in a medication-assisted treatment program, as regulated in §16-5Y-1 et seq., for substance use disorder, as long as the parent is successfully fulfilling his or her treatment obligations in the medication-assisted treatment program.
(g) A court may, at its discretion, continue any hearing scheduled pursuant to this section, or a party may file a written motion for a continuance which a court may grant for good cause shown:
Provided, That when a court grants a continuance, the court shall enter an order granting the continuance, specifying a future date when the hearing will be held, and providing the specific factual basis for granting the continuance.
Copies of the report shall be sent to the parties and all persons entitled to notice and the right to be heard.
CS for HB 4604 Copies of the report shall be sent to the parties and all persons entitled to notice and the right to be heard.
The court shall schedule a hearing giving notice and the right to be present to the child's Intr HB 2026R3073H 2026R3109S attorney;
The court shall schedule a hearing giving notice and the right to be present to the child's attorney;
In addition to these requirements, when a child with special needs turns 17, or as soon as a child aged 17 with special needs comes into a case, he or she is entitled to the appointment of a department adult services worker to the multidisciplinary treatment team, and coordination between the multidisciplinary treatment team and other transition planning teams, such as special education individualized education planning (IEP) teams.
In addition to these requirements, when a child with special needs turns 17, or as soon as a child aged 17 with special needs comes into a case, he or she is entitled to the appointment of a department adult services worker to the multidisciplinary treatment team, and coordination between the multidisciplinary treatment team and other transition planning 29 CS for HB 4604 teams, such as special education individualized education planning (IEP) teams.
— A court may not order a child to be placed in an out-of-state Intr HB 2026R3073H 2026R3109S facility unless the child is diagnosed with a health issue that no in-state facility or program serves unless a placement out of state is in closer proximity to the child's family for the necessary care or the services are able to be provided more timely.
— A court may not order a child to be placed in an out-of-state facility unless the child is diagnosed with a health issue that no in-state facility or program serves unless a placement out of state is in closer proximity to the child's family for the necessary care or the services are able to be provided more timely.
and (C) provide in the court order compelling reasons why it continues to not be in the best interest of the child to:
and (C) provide in the court order compelling reasons why it continues to not be in the best 30 CS for HB 4604 interest of the child to:
Intr HB 2026R3073H 2026R3109S (f) The department shall annually report to the court the current status of the placements of children in the care, custody, and control of the state department who have not been adopted.
(f) The department shall annually report to the court the current status of the placements of children in the care, custody, and control of the state department who have not been adopted.
(k) Once an adoption case is assigned to a child placing agency, all related court hearing notices shall be sent to the child placing agency as an interested party.
(k) Once an adoption case is assigned to a child placing agency, all related court hearing 31 CS for HB 4604 notices shall be sent to the child placing agency as an interested party.
(l) Any hearing scheduled pursuant to this section may be continued only for good cause Intr HB 2026R3073H 2026R3109S upon a written motion properly served on all parties.
(l) A court may, at its discretion, continue any hearing scheduled pursuant to this section, or a party may file a written motion for a continuance which a court may grant for good cause shown:
When a court grants a continuance, the court shall enter an order granting the continuance specifying a future date when the hearing will be held.
Provided, That when a court grants a continuance, the court shall enter an order granting the continuance, specifying a future date when the hearing will be held, and providing the specific factual basis for granting the continuance.
Any court order granting a continuance of a hearing scheduled pursuant to this section shall specify the specific factual basis for granting the continuance, if the continuance was avoidable, and if the continuance was the result of any party, attorney, guardian ad litem, or assistant guardian ad litem not satisfying the court’s previous orders or requirements.
If a court finds that the continuance was avoidable but for unreasonable actions of an attorney, guardian ad litem, or assistant guardian ad litem the court shall direct that the clerk of the court provide to the West Virginia Public Defender Services a properly redacted certified order reflecting the court’s findings of fact and conclusions of law.
(m) At the conclusion of any hearing convened pursuant to this section, the court shall make findings of fact and conclusions of law as to whether any attorney guardian ad litem, or assistant guardian ad litem has fully adhered to and satisfied the obligations, duties, responsibilities, and requirements of all court orders, and the Rules of Procedure for Child Abuse and Neglect Proceedings, Rules of Professional Conduct, and such other rules as the West Virginia Supreme Court of Appeals has promulgated, including any appendices therein.
-- A court may grant a respondent an Intr HB 2026R3073H 2026R3109S improvement period of a period not to exceed three months prior to making a finding that a child is abused or neglected pursuant to section six hundred one of this article §49-4-601 of this code only when:
-- A court may grant a respondent an improvement period of a period not to exceed three months prior to making a finding that a child is abused or neglected pursuant to section six hundred one of this article §49-4-601 of this code only when:
or (ii) Orders that a hearing be held to review the matter within ninety days of the granting of the improvement period and that the department submit a report as to the respondents progress in the improvement period within 60 days of the order granting the improvement period;
or 32 CS for HB 4604 (ii) Orders that a hearing be held to review the matter within ninety days of the granting of the improvement period and that the department submit a report as to the respondents progress in the improvement period within 60 days of the order granting the improvement period;
(E) The order granting a pre-adjudicatory improvement period shall outline the duties, obligations, and responsibilities of the guardian ad litem and assistant guardian ad litem throughout the duration of the pre-adjudicatory improvement period, including any case specific requirements that the court may order.
(B) The respondent demonstrates, by clear and convincing evidence, that the respondent is likely to fully participate in the improvement period and the court further makes a finding, on the Intr HB 2026R3073H 2026R3109S record, of the terms of the improvement period;
(B) The respondent demonstrates, by clear and convincing evidence, that the respondent is likely to fully participate in the improvement period and the court further makes a finding, on the record, of the terms of the improvement period;
and (E) The order granting the improvement period requires the department to prepare and submit to the court an individualized family case plan in accordance with section four hundred eight of this article §49-4-408 of this code.
and (E) The order granting the improvement period requires the department to prepare and submit to the court an individualized family case plan in accordance with section four hundred 33 CS for HB 4604 eight of this article §49-4-408 of this code.
(F) The order granting a post-adjudicatory improvement period shall outline the duties, obligations, and responsibilities of the guardian ad litem and assistant guardian ad litem throughout the duration of the post-adjudicatory improvement period, including any case specific requirements that the court may order.
Intr HB 2026R3073H 2026R3109S (C) In the order granting the improvement period, the court:
(C) In the order granting the improvement period, the court:
(F) The order granting a post-dispositional improvement period shall outline the duties, obligations, and responsibilities of the guardian ad litem and assistant guardian ad litem throughout the duration of the post-dispositional improvement period, including any case specific requirements that the court may order.
The court may order the state department to pay expenses associated with the services provided during the improvement period when the respondent has demonstrated that he or she is unable to bear the expenses.
The court may order the state department to pay expenses associated with the services 34 CS for HB 4604 provided during the improvement period when the respondent has demonstrated that he or she is unable to bear the expenses.
(B) When any improvement period is granted to a respondent pursuant to this section, the respondent shall execute a release of all medical information regarding that respondent, including, Intr HB 2026R3073H 2026R3109S but not limited to, information provided by mental health and substance abuse professionals and facilities.
(B) When any improvement period is granted to a respondent pursuant to this section, the respondent shall execute a release of all medical information regarding that respondent, including, but not limited to, information provided by mental health and substance abuse professionals and facilities.
(7) (8) Termination of improvement period.
35 CS for HB 4604 (7) (8) Termination of improvement period.
-- Upon the motion by any party, the court shall terminate any improvement period granted pursuant to this section when the court finds that respondent has failed to fully participate in the terms of the improvement period or has satisfied the terms of the improvement period to correct any behavior alleged in the petition or amended Intr HB 2026R3073H 2026R3109S petition to make his or her child unsafe.
-- Upon the motion by any party, the court shall terminate any improvement period granted pursuant to this section when the court finds that respondent has failed to fully participate in the terms of the improvement period or has satisfied the terms of the improvement period to correct any behavior alleged in the petition or amended petition to make his or her child unsafe.
Any court order granting a continuance of a hearing scheduled pursuant to this section shall specify the specific factual basis for granting the continuance and if it was the result of any party, attorney, guardian ad litem, or assistant guardian ad litem not satisfying the court’s previous orders or requirements.
A court may, at its discretion, continue any hearing scheduled pursuant to this section, or a party may file a written motion for a continuance which a court may grant for good cause shown:
If a court finds that the continuance was avoidable but for unreasonable actions of an attorney, or guardian ad litem, the court shall direct that the clerk of the court provide to the West Virginia Public Defender Services a properly redacted certified order reflecting the court’s findings of fact and conclusions of law.
Provided, That when a court grants a continuance, the court shall enter an order granting the continuance, specifying a future date when the hearing will be held, and providing the specific factual basis for granting the continuance.
(C) At the conclusion of any hearing convened pursuant to this subdivision, the court shall make written findings of fact and conclusions of law reflecting the progress made by any party on an improvement period.
The court shall also make findings of fact and conclusions of law as to whether any attorney, guardian ad litem, or assistant guardian litem as fully adhered to and satisfied the obligations, duties, responsibilities, and requirements of all court orders, and the Rules of Procedure for Child Abuse and Neglect Proceedings, Rules of Professional Conduct, and such other rules as the West Virginia Supreme Court of Appeals has promulgated, including any appendices therein.
-- Notwithstanding any other provision of this section, no combination of any improvement periods or extensions thereto may cause a child to be Intr HB 2026R3073H 2026R3109S in foster care more than 15 months of the most recent 22 months, unless the court finds compelling circumstances by clear and convincing evidence that it is in the child's best interests to extend the time limits contained in this paragraph.
-- Notwithstanding any other provision of this section, no combination of any improvement periods or extensions thereto may cause a child to be in foster care more than 15 months of the most recent 22 months, unless the court finds compelling circumstances by clear and convincing evidence that it is in the child's best interests to extend the time limits contained in this paragraph.
This bill was recommended for introduction by the Joint Committee on Children and Families.
This bill was recommended for introduction by the Joint Committee on Children and 36 CS for HB 4604 Families.
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Action History

  1. Filed for introduction

  2. To Judiciary then Finance

  3. Introduced in House

  4. To House Judiciary

  5. To House Courts

  6. Markup Discussion

  7. To House Courts

  8. Markup Discussion

  9. By substitute, do pass, but first to Finance

  10. To House Finance

Sponsors

Sponsorship breakdown

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1 sponsors · 8 co-sponsors · 143 not signed on

Sponsors (1)

Co-sponsors (8)

Not signed on (143)

143 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 4604 do?
Relating to abuse and neglect cases
Who sponsors HB 4604?
HB 4604 is sponsored by Flanigan, Adam Burkhammer (Republican), Margitta Mazzocchi (Republican), Geno Chiarelli (Republican), Scot C. Heckert (Republican), Laura Kimble (Republican), George Miller (Republican), Jonathan Pinson (Republican), and Bill Ridenour (Republican).
What is the current status of HB 4604?
This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 4604?
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