HB 5466 — Relating to Abuse Prevention Program

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSEDENROLLED Committee Substitute for House Bill 5466 ByB DelegatesYDELEGATES Leavitt,LEAVIT, Akers,KERS, Bell,ELL, Drennan,RENNAN Moore,, Crouse,MOORE and, KimbleROUSE,AND [OriginatingKIMBLE in[Passed theMarch Committee12, on2026; Health and Human Resources;

Reportedin oneffect February90 25,days 2026]from Engpassage (June 10, 2026)] Enr CS for HB 5466 AAN BILLACT to amend and reenact §48-26-203, §48-26-301, §48-26-401, §48-26-402, §48-26-403, §48-26-406, §48-26-701, and §61-11-22a, relating to domestic relations;

Batterer Intervention and Prevention Abuse Intervention Program defined.

"Batterer"Abuse intervention andprogram" prevention Abuse intervention program", previously referred to as a program of intervention for perpetrators, means a licensed educational program that provides classes to individuals who commit acts of domestic violence or abuse, offering nonviolent strategies and values that promote respect and equality in intimate partner relationships.

(3) One member must be a representative of a batterer intervention and prevention abuse intervention program licensed by the board;

and 1 Eng CS for HB 5466 (5) One member must be a citizen who is a resident of this state and who is not employed by, under contract with or a volunteer for a program licensed by the board, and who is knowledgeable about services for victims and survivors of domestic violence.

Enr CS for HB 5466 (c) The Secretary of the Department of Human Services, or his or her designee, and the chair of the Governor's Committee on Crime, Delinquency and Correction, or his or her designee shall serve as ex officio voting members.

(1) Propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a §29A-3-1 et seq.

(2) Receive and consider applications for licensure of domestic violence programs, batterer intervention and prevention abuse intervention programs and monitored parenting and exchange programs;

(3) Assess the need for domestic violence programs, batterer intervention and prevention abuse intervention programs and monitored parenting and exchange programs, including licensure preapplication and application processes;

2 Eng CS for HB 5466 (4) Conduct licensure renewal reviews of domestic violence programs, batterer intervention and prevention abuse intervention programs and monitored parenting and exchange programs, that will ensure the safety, well-being and health of the programs' participants and staff;

Enr CS for HB 5466 (5) For each fiscal year, expend from the Family Protection Fund a sum not to exceed fifteen percent for the costs of administering the provisions of this article, and direct the Department of Human Services to distribute one half of the remaining funds equally and the other half of the remaining funds in accordance with a formula determined by the board, to licensed domestic violence programs;

(a) No domestic violence program, batterer intervention and prevention abuse intervention program or monitored parenting and exchange program may represent that it is licensed unless it 3 Eng CS for HB 5466 is licensed by the board pursuant to the provisions of this article and the legislative rules promulgated pursuant to this article.

Enr CS for HB 5466 (b) The board shall establish preliminary application and full application forms for the initial licensing of domestic violence programs, batterer intervention and prevention abuse intervention programs and monitored parenting and exchange programs.

The board shall respond in writing within sixty 60 days of receipt of the preliminary application;

(e) The board may grant a provisional license for up to one hundred and eighty 180 days, to a program that is not in compliance with non-life threatening safety, programmatic, facility or administrative standards.

A provisional license may be extended for up to an additional one hundred and eighty 180 days, if the board, in its sole discretion, determines that the program is making active progress toward compliance.

4 Eng CS for HB 5466 (f) The board may grant a conditional license for up to ninety days to a program that has violations of safety or accountability standards that may threaten the health, well-being or safety of its participants or staff, or the responsible operation of the program, or that have a history or Enr CS for HB 5466 pattern of noncompliance with established standards.

(2) Minimum standards, including, but not limited to, governance, administration, safety, referral process, intake, services, financial accountability, staffing, personnel policies, 5 Eng CS for HB 5466 communication, program participant records, service plans, confidentiality, program evaluation, facility requirements, reports, restrictions, and other requirements in this article, for licensure of:

Enr CS for HB 5466 (B) Community-based, local government and Division of Corrections batterer intervention and prevention abuse intervention programs.

(b) In order to close a domestic violence program or one of its components, a batterer intervention and prevention abuse intervention program or a monitored parenting and exchange program, the board must vote unanimously in the affirmative.

6 Eng CS for HB 5466 §48-26-701.

(a) A program licensed pursuant to this article may not disclose, reveal, or release or be compelled to disclose, reveal, or release, any written records or personal or personally identifying information about a program participant created or maintained in providing services, regardless Enr CS for HB 5466 of whether the information has been encoded, encrypted, hashed, or otherwise protected, pursuant to this article except:

or (6) As authorized by the releases signed by batterer intervention and prevention abuse intervention program participants pursuant to the provisions of subsection (b) of this section.

(b) Batterer intervention and prevention Abuse intervention program participants shall authorize the release of information by signing the following releases:

(1) Allowing the provider to inform the victim or alleged victim and the victim’s advocates that the batterer participant is participating in a batterer intervention and prevention abuse intervention program with the provider and to provide information to the victim or alleged victim and her or his advocates, if necessary, for the victim’s or alleged victim’s safety;

(2) Allowing prior and current service providers to provide information about the batterer participant to the provider;

7 Eng CS for HB 5466 (3) Allowing the provider, for good cause, to provide information about the batterer participant to relevant legal entities, including courts, parole officers, probation officers, child protective services, adult protective services, law enforcement, licensed domestic violence programs, or other referral agencies;

Enr CS for HB 5466 (4) Allowing the provider to report to the court, if the participation was court ordered, and to the victim or alleged victim, if she or he requests and provides a method of notification, and to her or his advocate, any assault, failure to comply with program requirements, failure to attend the program, threat of harm by the batterer participant, reason for termination, and recommendations for changes in the court order;

(g) A victim of domestic violence, dating violence, sexual assault, or stalking shall not be required to provide consent to release his or her personally identifying information as a condition of eligibility for the services, nor may any personally identifying information be shared in order to 8 Eng CS for HB 5466 comply with federal or state reporting, evaluation, or data collection requirements:

Enr CS for HB 5466 CHAPTER 61.

9 Eng CS for HB 5466 (5) A violation of §61-2-28 prosecuted under the provisions of subsections (c) or (d) of that section;

or Enr CS for HB 5466 (6) A violation of §61-2-9(a) of this code, or a violation of §61-2-9(b) or §61-2-9(c) of this code prosecuted under the provisions of subsection (d) of that section, where the alleged victim is a family or household member as defined in §48-27-204 of this code.

(7) A violation of §61-2-9(b) or §61-2-9(c) of this code or §61-2-28(a) or §61-2-28(b) of this code where a weapon was used in the commission of the crime, the defendant has a prior conviction of any of the offenses listed in subsection (c) of this section, the defendant has a prior felony conviction, or the defendant has previously entered into a prior pretrial diversion or deferred adjudication of crimes where the alleged victim is a family or household member as defined in §48-§48-27-203 27-203 of this code.

(2) In addition to terms and conditions authorized in subsection (a) of this section, a person participating in a deferred adjudication program pursuant to this subsection may be required to 10 Eng CS for HB 5466 participate in compliance hearings and batterer intervention abuse intervention programs licensed under §48-26-402 of this code;

Enr CS for HB 5466 (3) Notwithstanding the provisions of subsection (b) of this section, a deferral under this subsection shall be for a period of not less than 18 months nor more than three years;

NOTE:Enr CS for HB 5466 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

The............................................................... purpose of this bill is to rename the intervention and prevention program, clarify the definitions of the program, and update the code with the renamed program.

Strike-throughsClerk indicateof language that would be stricken from a heading or the presentHouse lawof andDelegates underscoring............................................................... indicates new language that would be added.

11Clerk of the Senate Originated in the House of Delegates.