SB 972 — Relating to education placements during child abuse and neglect investigations

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referred to the Committee on Health and Human Resources] Intr SB 972 2026R4198 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §49-2-802b, relating to education placements during child abuse and neglect investigations;

establishing Raylee's Law;

providing temporary restriction on provision of home educational instruction in specified circumstances;

setting forth duration of temporary restriction;

providing that this provision shall not limit the court's authority to order an alternative educational placement or instructional arrangement;

providing for construction of language;

and requiring notice to Department of Human Services to provide notice of a pending child abuse and neglect case upon the initiation of an investigation to the child’s school and custodial parent or guardian of the temporary restriction.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2.

STATE RESPONSIBILITIES FOR CHILDREN.

§49-2-802b.

Educational placement protections during abuse or neglect investigations.

(a) Purpose.

— The purpose of this section is to ensure the continued visibility, safety, and welfare of children who are the subject of a pending child abuse or neglect investigation by the Department of Human Services.

(b) Temporary restriction.

— When a child is the subject of a pending investigation of abuse or neglect pursuant to this article, and the alleged perpetrator is a custodial parent, guardian, or other person responsible for the child’s care:

(1) The alleged perpetrator may not initiate withdrawal of the child from a public school, public charter school, or private school for the purpose of providing home instruction;

and (2) The alleged perpetrator may not assume or resume responsibility as the primary provider of home instruction for the child.

(c) Duration.

— The restriction set forth in subsection (b) of this section shall apply only during the pendency of the investigation and shall terminate upon:

(1) A written determination by the Department of Human Services that the investigation is Intr SB 972 2026R4198 unfounded or closed without substantiation;

or (2) An order of a circuit court or family court directing otherwise.

(d) Court authority.

— Nothing in this section shall be construed to limit the authority of a court to order an alternative educational placement or instructional arrangement when necessary to protect the best interests of the child.

(e) Construction.

— This section:

(1) Does not create a presumption of guilt;

(2) Does not permanently restrict home instruction;

and (3) Shall be narrowly construed to protect child safety during active investigations.

(f) Notice.

— Upon the initiation of an investigation that triggers this section, the Department shall provide written notice to the child’s school and custodial parent or guardian of the temporary restriction.

NOTE:

The purpose of this bill is to establish Raylee's law which temporarily prohibits authorization of home instruction education placement if there is a pending child abuse or neglect investigation against a custodial parent of guardian.

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