SB 901 — Creating truancy pre-trial diversion program

CS for SB 901 WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee FISCALSubstitute for Senate Bill 901 NOTE By Senators Smith (Mr.

President) and Woelfel (By Request The Executive) [Introduced[Reported February 10,25 2026;2026, from the Committee on the Judiciary] CS for SB 901 A BILL to amend and reenact §18-8-2 of the Code of West Virginia, 1931, as amended;

referredand to amend the Committeecode onby theadding Judiciary;two new sections, designated §49-2-202a and §61-11-22b, relating to affording parents, guardians, and custodians of truant children with additional resources and assistance prior to conviction;

and then to the Committee on Finance] Intr.

SB 901 2026R4024S 2026R4025H A BILL to amend and reenact §18-8-2 of the Code of West Virginia, 1931, as amended, and to amend the code by adding two new sections, designated §49-2-202a and §61-11-22b, relating to affording parents, guardians, and custodians of truant children with additional resources and assistance prior to conviction;

and allowing magistrate and circuit court judges to require the Department of Human Services to offer home-based family preservation services for families of truant children,children when the courts are involved.

Upon conviction A parent, guardian, or custodian convicted of a second offense, a fine may be imposed of may be fined not less than $50 nor more than $100 together with the costs of prosecution or confined in jail not less than five nor more than 20 days.

1 CS for SB 901 Every day a child is out of school contrary to this article constitutes a separate offense.

Magistrates shall have concurrent jurisdiction with circuit courts for Intr.the trial of offenses arising under this section.

SB 901 2026R4024S 2026R4025H the trial of offenses arising under this section.

2 CS for SB 901 (d) (b) Jurisdiction to enforce compulsory school attendance laws lies in the county in which a student resides and in the county where the school at which the student is enrolled is Intr.located.

SB 901 2026R4024S 2026R4025H located.

PART II.

HOME-BASED FAMILY PRESERVATION ACT.

(a) Oftentimes,Truancy truancy or chronic absenteeism from school can be a symptom of deeper problems, including the mental health and substance abuse of the child or theirhis or her parents, undiagnosed learning disorders of the child, deficient parenting skills of the parents, or complex family dynamics.

Except as otherwise allowed, the home-based family preservation services required by this section shall be provided consistent 3 CS for SB 901 with the home-based family preservation services required by §49-2-202 of this code.

(d) Nothing contained hereinin this section should be interpreted as precluding or limiting other actions the department, or the courts, may take to provide children and their families with better tools to Intr.address the root causes of truancy, and to improve school attendance.

SB(e) 901When 2026R4024Sthe 2026R4025Hdepartment addressinitiates theshort-term roothome-based causesfamily preservation intervention pursuant to this section, then a contractor employee of truancy,the anddepartment may provide services to improvemore schoolthan attendance.three families during any period of time, as long as the department can determine that the caseload will not impact the efficacy of the services.

(e) When short-term home-based family preservation intervention is initiated pursuant to this section, then a contractor employee of the department may engage in more than three families during any period of time, so long as the department can determine that such will not impact the efficacy of the services.

– Any person charged with committing a first offense in violation of §18-8-2 of this code, who has no other pending criminal charges, shallmay be entitled to an offer to enter into pretrial diversion agreement, pursuant to the terms and procedure set forth in this subsection.

(1) The prosecuting attorney and the person charged may enter into a written pretrial diversion.diversion agreement.

AThe pretrialwritten diversionagreement willshall be executed in the presence of the person’s attorney, or, if the person does not behave validcounsel, unlessin itthe ispresence reducedof tothe writing.presiding magistrate or circuit court judge.

(A) The writtenpretrial diversion agreement mustshall beset executedforth in the presenceduration of the person’sagreement, attorney,which or,must ifbe theat personleast doessix notmonths, havebut counsel,may innot theexceed presence18 ofmonths. the presiding magistrate or circuit court judge.

(A)(B) The pretrial diversion agreement mustshall setinclude forth the durationcondition ofthat the agreement,person which must beimprove atthe leastschool sixattendance months,of butany maychild notnamed exceedin 18the months.criminal complaint.

(B) The pretrial diversion 4 CS for SB 901 agreement mustmay include other children under the conditioncare, thatcustody, and control of the person mustcharged, improveeven if the schoolother attendancechildren ofare anynot childalleged named in the criminal complaint.

The pretrial diversion agreement may include other children under the care, custody, and control of the person charged, even if the other child is not alleged in the criminal complaint.

(C) The pretrial diversion agreement may include terms and conditions similar to those set forth in §62-12-9 of this code relating to conditions of probation, including supervision by a Intr.probation officer.

SB 901 2026R4024S 2026R4025H probation officer.

(E) The pretrial diversion agreement mustshall include a waiver of confidentiality, which allows the county truancy officer to provide the magistrate or circuit court judge, the prosecuting attorney, and the probation officer, if any, with the school attendance records of the subject child or children.children of the person charged.

The county truancy officer mustshall submit school attendance records to the parties prior to the final hearing on the pretrial diversion, but the countymagistrate truancyor officercircuit maycourt bejudge requiredmay torequire submit records more frequently, upon the directioncounty oftruancy theofficer magistrateto orsubmit circuitrecords courtmore judge.frequently.

AThe magistrate or circuit court judge shall advise a person entering a pretrial diversion agreement should be advised that these terms and conditions may be ordered as a part of the pretrial diversion.

(A) The magistrate or circuit court judge may require status hearings, at which time the courtcounty truancy officer shall beprovide providedthe court with an update as to the progress of the person charged.

The magistrate or circuit court judge may order the county truancy officer, or his or her designee, to appear in court to provide the school attendance forof the personchild charged or the children of the 5 CS for SB 901 person charged.

It is presumed that if a parent, guardian, or custodian is charged pursuant to §18-8-2 of this code, then it is significantly Intr.more likely that a child in the home will be removed from the custody of the parent, guardian, or custodian, and, as such, home-based family preservation services may be appropriate.

SB 901 2026R4024S 2026R4025H more likely that a child in the home will be removed from the custody of said parent, guardian, or custodian, and, as such, home-based family preservation services may be appropriate.

NoA charged person is not obligated to enter into a pretrial diversion agreement.agreement.A magistrate or circuit court judge may deny a pretrial diversion, in accordance with Rule 11 of the West Virginia Rules of Criminal Procedure.

(4) A magistrateperson orwho circuithas courtentered judgeinto maya denypretrial diversion agreement with a pretrialprosecuting diversion,attorney inand accordancewho has successfully complied with Rulethe 11terms of the Westpretrial Virginiadiversion Rulesis ofnot Criminalsubject Procedure.to prosecution for the offense or offenses described in the agreement, or for the underlying conduct or transaction constituting the offense or offenses described in the agreement, unless the agreement includes a provision that upon compliance the person agrees to plead guilty or nolo contendere to a specific related offense, with or without a specific sentencing recommendation by the prosecuting attorney.

(4)(5) AUpon the determination of the magistrate or circuit court judge that the person who has entered into an agreement for a pretrial diversion with a prosecuting attorney and who has not successfully complied with the terms of the pretrial diversiondiversion, is not subject to prosecution for the offenseprosecuting orattorney offensesmay describedproceed into prosecute the agreement,person or for the underlyingcharged conductoffenses, oras transactionif constituting the offensepretrial ordiversion offenses described in the agreement, unless the agreement includeswas anever provisionentered. that upon compliance the person agrees to plead guilty or nolo contendere to a specific related offense, with or without a specific sentencing recommendation by the prosecuting attorney.

(5)6 UponCS thefor determinationSB of901 the(6) magistrateA or circuit court judge that the person who hasenters entered into an agreement for a pretrial diversion hasagreement notpursuant successfullyto compliedthis withsection themay termsalso ofbe theentitled pretrial diversion, the prosecuting attorney may proceed to prosecutea thepretrial persondiversion for theother chargedcharges offenses,pursuant asto if§61-11-22 theof pretrialthis diversioncode. was never entered.

(6)Nothing Acontained personin who enters into a pretrial diversion agreement pursuant to this section mayshall alsoprevent bethe entitledprosecuting toattorney afrom pretrialfiling diversionnew forcharges otherwhich charges,arise insomuchafter asthe permissibleentry pursuantof tothe §61-pretrial 11-22diversion ofagreement. this code.