HB 5684 — Relating to authorizing the Supreme Court of Appeals to create child protection commissioners

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSEDENROLLED House Bill 5684 ByB DelegatesYDELEGATES Akers,AKERS Maynor,, Butler,AYNOR Heckert,, Holstein,UTLER, Phillips,HECKERT, H OLSTEI, PHILLI, B.

Ward,WARD, D.

Cannon,ANNON,AND andBURKHAMMER Burkhammer[Passed [OriginatingMarch in14, the2026; Committee on the Judiciary;

reportedin oneffect February90 27,days 2026]from Engpassage (June 12, 2026)] Enr HB 5684 AAN BILLACT to amend and reenact §5-10-48, §49-1-207, and §51-9-10 of the Code of West Virginia, 1931, as amended;

providing for appointment, removal, and oversight;providingoversight; qualifications;

providing qualifications;

creating annual reporting requirement;

The Legislature hereby further finds and declares that the interests of the public are served when persons having retired from public employment are permitted, within certain Enr HB 5684 limitations, to render post-retirement employment in positions of public service, either in elected or Eng HB 5684 appointed capacities.

If his or her reemployment is for a period of one year or longer, his or her annuity shall be recalculated and he or she shall be granted an increased annuity due to the additional employment, the annuity to be computed according to §5-10-22 of Enr HB 5684 this code.

If his or her reemployment is for a period less than one year, he or she may request in Eng HB 5684 writing that the employee and employer retirement contributions submitted during reemployment be credited to the participating public employer pursuant to §5-10-44 of this code, and his or her previous annuity shall be reinstated effective the first day of the month following termination of reemployment and the board's receipt of written notice thereof.

(1) Continue to receive payment of his or her annuity while holding public office, or during any reemployment of a former employee of the Legislature on a per diem basis, in addition to the EngEnr HB 5684 salary he or she may be entitled to as an office holder, or as a per diem reemployed former employee of the Legislature;

Notwithstanding the provisions of this subsection, a member who is participating in the system as an elected public official may not retire from his or her elected position and commence to receive an annuity from the system and then be elected or reappointed to the same position unless and until a continuous 12-month period has passed since his or her retirement from the position: Provided,position: That a former employee of the Legislature may not be reemployed by the Legislature on a per diem basis until at least 60 days after the employee has retired: Provided, however, That the limitation on compensation provided by subsection (c) of this section does not apply to the reemployed former employee: Provided further, That in no event may reemployment by the Legislature of a per diem employee exceed 175 days per calendar year.

(f)Provided, SubjectThat to the provisions of subsection (i) of this section, a memberformer who is participating in the system simultaneously as both a regular, full-time employee of a participating public employer, and as an elected or appointed member of the legislativeLegislature body of the state or any political subdivision, may, upon meeting the age and service requirements of this article, elect to retire from his or her regular full-time state employment and may commencenot tobe receivereemployed anby annuity from the systemLegislature withouton terminating his or her position as a memberper ofdiem thebasis legislativeuntil bodyat ofleast the60 statedays orafter political subdivision: Provided, That the retiredemployee memberhas shallretired: not, during the term of his or her retirement and continued service as a member of the legislative body of a political subdivision, be eligible to continue his or her participation as a contributing member of the system and shall not continue to accrue any additional service credit or benefits in the system related to the continued service.

(g)Provided, Notwithstandinghowever, the provisions of §5-10-27b of this code, any publicly elected member of the legislative body of any political subdivision or of the State Legislature, the Clerk of the House Eng HB 5684 of Delegates, and the Clerk of the Senate may elect to commence receiving in-service retirement distributions from this system upon attaining the age of 70 and one-half years: Provided, That the memberlimitation ison eligiblecompensation toprovided retireby undersubsection the(c) provisions of §5-10-20 or §5-10-21 of this code: Provided,section however,does Thatnot theapply member elects to stop actively contributing to the systemreemployed whileformer receivingemployee: the in- service distributions.

Provided further, That in no event may reemployment by the Legislature of a per diem employee exceed 175 days per calendar year.

(f) Subject to the provisions of subsection (i) of this section, a member who is participating in the system simultaneously as both a regular, full-time employee of a participating public employer, and as an elected or appointed member of the legislative body of the state or any political subdivision, may, upon meeting the age and service requirements of this article, elect to retire from his or her regular full-time state employment and may commence to receive an annuity from the system without terminating his or her position as a member of the legislative body of the state or political subdivision:

Provided, That the retired member shall not, during the term of his or her retirement and continued service as a member of the legislative body of a political subdivision, be eligible to continue his or her participation as a contributing member of the system and shall not continue to accrue any additional service credit or benefits in the system related to the continued service.

(g) Notwithstanding the provisions of §5-10-27b of this code, any publicly elected member of the legislative body of any political subdivision or of the State Legislature, the Clerk of the Enr HB 5684 House of Delegates, and the Clerk of the Senate may elect to commence receiving in-service retirement distributions from this system upon attaining the age of 70 and one-half years:

Provided, That the member is eligible to retire under the provisions of §5-10-20 or §5-10- 21 of this code:

Provided, however, That the member elects to stop actively contributing to the system while receiving the in-service distributions.

If a retirant fails to have a bona fide separation from service upon retirement or if such retirant or his or her participating public employer fails to comply with §5-10-19 in a manner satisfactory to the board, then the member’s retirement shall be voided and the member shallEnr Eng HB 5684 shall repay to the system the gross amount of all annuity payments received related to such voided retirement.

EngEnr HB 5684 “Court” means the circuit court of the county with jurisdiction of the case or the judge in vacation unless otherwise specifically provided.

Prior to the entry of the order theEnr Eng HB 5684 the child shall receive the full due process rights guaranteed to that child or juvenile by the Constitutions of the United States and the State of West Virginia.

(e) Subject to the direction and oversight of the chief circuit judge, a child protection commissioner may authorize emergency removals as permitted by law, monitor diversion and pre-pre-petition petition matters, conduct evidentiary and status hearings, compel witnesses to testify and placeEnr Eng HB 5684 place them under oath, order services and visitation, determine child-support, custody, sibling visitation, grandparent visitation, and post termination-visitation in matters pending in circuit court under Rule 6 of the Rules of Procedure for Child Abuse and Neglect Proceedings, facilitate multi- disciplinary team meetings, manage discovery, oversee improvement periods and case plans, remove individuals from treatment court programs, and perform all other duties authorized by rules promulgated by the Supreme Court of Appeals.

(h) The Administrative Director of the Supreme Court of Appeals will identify and report annually, to the Joint Committee on Government and Finance, on measurable outcomes to be improved for the pilot program referenced in this section, and those measures shall include, but Enr HB 5684 not be limited to, a baseline of pre-implementation outcome metrics and the annual costs for the pilot program.

Eng HB 5684 §51-9-10.

Provided, That extended assignment of retired judges and justices must not be utilized in such a Enr HB 5684 way as to threaten the qualified status of the Judges' Retirement System under applicable provisions of the Internal Revenue Code, including Treasury Regulation §1.401(a)-1(b)(1) requiring that a qualified plan must be established primarily to provide payment of definitely determinable benefits to its employees after retirement or attainment of normal retirement age.

Eng HB 5684 (c) Senior intermediate court judges, circuit court judges, and justices recalled and assigned to service shall receive per diem compensation set by the Supreme Court of Appeals, but not to exceed $430 for each day actually served: Provided,served: That the combined total of per diem compensation and retirement benefits paid to a senior judge or justice during a single calendar year may not exceed the annual salary of a sitting circuit judge, except as set forth in subsection (d) of this section.

Provided, That the combined total of per diem compensation and retirement benefits paid to a senior judge or justice during a single calendar year may not exceed the annual salary of a sitting circuit judge, except as set forth in subsection (d) of this section.

(f) Senior family court judges recalled and assigned to service shall receive per diem compensation set by the Supreme Court of Appeals, but not to exceed $325 for each day actually served: Provided,served: That the combined total per diem compensation and retirement benefits paid to a senior family court judge during a single calendar year may not exceed the annual salary of a sitting family court judge, except as set forth in subsection (d) of this section.

Provided, That the combined total per diem compensation and retirement benefits paid Enr HB 5684 to a senior family court judge during a single calendar year may not exceed the annual salary of a sitting family court judge, except as set forth in subsection (d) of this section.

Eng HB 5684 (g) Notwithstanding any provision of this article to the contrary, a retirant who becomes employed by the Supreme Court after the effective date of his or her retirement must have a bona fide separation from service upon retirement to be eligible for an annuity under the retirement system.

The board may take any actions necessary or appropriate in accordance with the provisions of §§51-9-18 51-9-18 to recover such annuity payments so that an in-service distribution is not deemed to have been made.

12Enr HB 5684 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the House of Delegates ...............................................................

Clerk of the Senate Originated in the House of Delegates.

In effect 90 days from passage.

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Speaker of the House of Delegates ...............................................................