SB 540 — Relating to audio recording during CPS investigation

WEST VIRGINIA LEGISLATURE REGULAR SESSION INTERIMCommittee IntroducedSubstitute BILLfor FISCAL Senate Bill 540 NOTEBY BySENATORS SenatorsDEEDS Deeds,, Grady,RADY, M.

Maynard,AYNARD Roberts,, andOBERTS Tarr, [IntroducedR JanuaryUCKER, 20,PHILLI, 2026;WILLI, MITH(MR.

referredPRESIDEN), toTAYLOR,AND BARTLETT [Reported February 24, 2026, from the Committee on the Judiciary;Judiciary] CS for SB 540 A BILL to amend and reenact §49-2-802 of the Code of West Virginia, 1931, as amended, relating to audio recording during a Child Protective Services investigation;

andrequiring thenChild toProtective theServices Committeeworkers onconducting Finance]investigations Intr SB 540 2026R3104S 2026R3089H A BILL to amendreceive andaudio reenactrecording §49-2-802devices; of the Code of West Virginia, 1931, as amended, relating to body-worn cameras;

requiring Child Protective Services workers to attemptrecord toinvestigative wearinterviews body-wornwith cameraschildren duringand investigations;parents or guardians;

requiringpermitting workerssimultaneous toaudio obtainrecording consentby toparents useor body-guardians; worn cameras;

permittingand workersproviding tofor refrainaudio fromfile usingdistribution, camerasconfidentiality, inand specificpreservation. circumstances;

requiring audio and video to be maintained for specified time frame;

and stating that audio and video file is part of the confidential child welfare record.

Under no circumstances may investigating personnel be relatives of the accused, the childchild, or the families involved.

(1) Receive or arrange for the receipt of all reports of children known or suspected to be abused or neglected on a 24-hour, seven-day-a-week basis and cross-file all reports under the IntrCS for SB 540 2026R3104S2026R3089H names of the children, the family, and any person substantiated as being an abuser or neglecter by investigation of the Department of Human Services, with use of cross-filing of the person’s name limited to the internal use of the department:

As a part of this response, within 14 days there shall be a face-to-face interview with the child or children and the development of a protection plan, if necessary, for the safety or health of the child,child or children, which may involve law-enforcement officers or the court;

andCS for SB 540 (7) RequireFor purposes of investigating all reports of child abuse or neglect, the local child protective services workersoffice toshall utilizemake aavailable bodyaudio wornrecording cameradevices whilefor Intruse SBby 540the 2026R3104S2026R3089H investigating allchild reportsprotective ofservices childworker abuseduring orthe neglect:investigation of the allegations.

Provided,The That the child protective serviceservices worker shallshall: obtain consent, from the person being investigated, to use the body worn camera during any part of an investigation which takes place in an area not in plain view and where a reasonable person would have an expectation of privacy:

Provided,(A) however,Audio Thatrecord the child protectiveinterviews serviceand workerinterviews maywith refrain from using the bodyparent wornor cameraguardian ifduring a body worn camera may, in the opinioninitial ofinvestigative theprocess childprior protectiveto serviceany worker,potential compromiseremoval the privacy of the child orfrom impede the abilityhome; of the worker to conduct an investigation:

Provided(B) further,At That the childoutset protectiveof servicesthe workerinvestigative shallinterview, documentinform in the caseparent fileor theguardian specificwho factualis basisthe forsubject not utilizing a body worn camera while investigating a report of childthe abuseinvestigation orthat: neglect.

Any(i) audioHe andor videoshe recordingis frombeing theaudio bodyrecorded wornduring camerasthe shallinterview bewith preservedthe untilchild allprotective appellateservices timeframesworker; have been exhausted.

Any audio and video(ii) recordingThe fromparent theor bodyguardian wornmay camerasalso aresimultaneously consideredaudio a confidential record pursuantthe tointerview §49-5-101on ofhis thisor codeher andown notdevice; subject to any disclosure pursuant to §29B-1-1 et seq.

(C) At the outset of thisany code.audio recording of a child, parent, or guardian, the child protective services worker shall identify himself or herself, provide the date of the interview, and identify the individual being interviewed;

(8) In the event that the child is removed from the home of the parent or guardian, any audio recording created pursuant to subdivision (7) of this subsection shall be provided to counsel for the adult respondents, the guardian ad litem, and counsel for the department in advance of the preliminary hearing on the abuse and neglect petition;

(9) Any audio recording created by the child protective services worker pursuant to subdivision (7) of this subsection shall be preserved until all appellate time frames have been exhausted;

(10) Any audio recordings are considered a confidential record pursuant to §49-5-101 of this code and not subject to disclosure pursuant to §29B-1-1 et seq.

of this code;

and (11) The requirements contained in subdivision (7) of this subsection do not impact or otherwise alter, modify, or amend Rule 8 of the Rules of Procedure for Child Abuse and Neglect CS for SB 540 Proceedings, nor do they impact or otherwise alter, modify, or amend the requirements or procedures related to Child Advocacy Center interviews conducted in accordance with this code.

(e) The local child protective services office shall be is responsible for providing, directing, or coordinating the appropriate and timely delivery of services to any child suspected or known to be abused or neglected, including services to the child’s family and those responsible for the child’s care.

(g)(1) In order to obtain information regarding the location of a child who is the subject of an allegation of abuse or neglect, the Secretary of the Department of Human Services may serve, by Intr SB 540 2026R3104S2026R3089H certified mail or personal service, an administrative subpoena on any corporation, partnership, business, or organization for the production of information leading to determining the location of the child.

CS for SB 540 (A) The investigation is one the Division of Child Protective Services is authorized to make and is being conducted pursuant to a legitimate purpose;

However, nothing in this subsection protects any child protective services worker from any liability arising from the Intr SB 540 2026R3104S 2026R3089H operation of a motor vehicle or for any loss caused by gross negligence, willful and wanton misconduct, or intentional misconduct.

NOTE:

The purpose of this bill is to require local child protective workers to use body worn camera while conducting abuse and neglect investigations.

This bill was recommended for introduction by the Joint Committee on Children and Families.

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