SB 1029 — Providing parents plain-language statements of immediate rights and ongoing rights

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 1029 ByBY SenatorSENATORS WillisWILLI,DEEDS,AND [IntroducedBARTLETT [Reported February 20,24, 2026;2026, from the Committee on the Judiciary] CS for SB 1029 A BILL to amend and reenact §49-2-802a of the Code of West Virginia, 1931, as amended, relating to state responsibilities for children;

referred to the Committee on the Judiciary] Intr SB 1029 2026R4292 A BILL to amend and reenact §49-2-802a of the Code of West Virginia, 1931, as amended, relating to state responsibilities for children;

(a) Notwithstanding any other provision to the contrary, immediately upon initiating an investigation of a parent or other person having legal custody of a child, the department shall, upon first contact with the individual, provide the individual with a copy of A Parent’s Guide to Working with Child Protective Services (Guide),(guide),a Plain‑Language Statement of Immediate Rights, and a Plain‑Language Statement of Ongoing RightsRights. During the Case.

(b) The Guideguide shall include a short and plain statement to include, but not be limited to, the following:

(c) The Plain‑Language Statement of Immediate Rights shall be written on a single sheet of paper in large fontfont. in clear, plain English, using words and sentences that a person with an eighth‑grade education can reasonably understand.

The childcase protective services worker shall documentgive in the caseparent recordor thatother theperson Plain‑Languagehaving Statementlegal custody of Immediatea Rightschild wastime providedto andread shallthe makePlain‑Language reasonableStatement effortsof toImmediate explainRights. the statement verbally.

The statement shall Intrstate SBas 1029follows 2026R4292verbatim: include, at a minimum, the following:

(1)CS Rightfor toSB privacy1029 and(1) yourRight home.to privacy.

A childChild protectiveProtective servicesServices worker may not search your home or property without your consent, a court order, or another lawful reason;

You have the right to refuse to allow a childChild protectiveProtective servicesServices worker to enter your home unless the worker has a warrant or another legal basis to enter;

You have the right to refuse childChild protectiveProtective servicesServices that are offered to you.

and (6) Right to know why CPSChild Protective Services is involved.

You have the right to be informed that a report or concern has been made about your child or family, to the extent allowed by law, while protecting the identity of the person who made the report.report;

(d)and The(7) Plain‑LanguageRight Statement of Ongoing Rights shall be written in clear, plain English, understandable to arecord. person with an eighth‑grade education.

TheYou departmenthave shall ensure that this statement is available in alternative formats and languages as required by law and shall document in the caseright to record thataudio theof Plain‑Languageevery Statementinvestigatory ofinteraction Ongoingwith Rightschild wasprotective provided.services representatives.

(d) The statementPlain‑Language Statement of Ongoing Rights shall include,be atwritten on a minimum,single thesheet following:of paper in large font.

The Department of Human Services shall ensure that this statement is available in alternative formats and languages as required by law and shall document in the case record that the Plain‑Language Statement of Ongoing Rights was provided.

The statement shall state as follows verbatim:

Information collected and kept by the departmentDepartment of Human Services during an investigation or while providing services must be kept confidential as required by law, including §49‑5‑501(a)§49‑5‑101(a) of this code;

CS for SB 1029 (2) Right to see your file.

You have the right to request and review your personal file held by Intrthe SBDepartment 1029of 2026R4292Human theServices, department, as allowed by law and in accordance with §49‑5‑501(b)§49‑5‑101(b) of this code;

You have the right to be told about major actions taken by the departmentDepartment of Human Services regarding your family and the reasons for those actions throughout the life of the case;

You have the right to appeal decisions about your inclusion in or exclusion from services, and the right to request a grievance hearing about how you or your child are treated by departmentDepartment of Human Services staff or about any service provided or denied;

NOTE:(e) The Child Protective Services worker shall document in the case record that the Plain‑Language Statements of Immediate and Ongoing Rights was provided and shall make reasonable efforts to explain the statement verbally.

The purpose of this bill is to provide parents with plain language statements of their rights during a CPS investigation.

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