West Virginia 2018 Regular Session Status: Enacted 3 R cosponsors

SB 443 — Terminating parental rights when certain conditions are met

Last action — Chapter 35, Acts, Regular Session, 2018

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 31, 2018. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    1 primary, 6 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

30 added · 9 removed

Plain-language change summary

The revised bill SB 443 now requires the department to file a petition to terminate parental rights when a parent has not seen their child for 18 months, but it adds important provisions that allow for this time frame to pause if the parent is incarcerated, in rehabilitation, or deployed in the military. Previously, the bill only considered incarceration and rehabilitation as reasons to toll the 18-month period. By including military service, the amendment ensures that parents serving their country are not unfairly penalized in custody matters. This change emphasizes the importance of familial connections, even in difficult circumstances.

→
Previous
Latest
NEWS RELEASES HELPFUL LINKS Engrossed Version « Senate Bill 443 History OTHER VERSIONS  —  Committee Substitute (1)  |  Enrolled Version - Final Version  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS SB443 SUB1 « Senate Bill 443 History OTHER VERSIONS  —  Enrolled Version - Final Version  |  Engrossed Version  |  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Engrossed Committee Substitute for Senate Bill 443 By Senators Arvon, Azinger, Cline, Gaunch, Maynard, Rucker, and Smith [Originating in the Committee on Health and Human Resources;
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 443 By Senators Arvon, Azinger, Cline, Gaunch, Maynard, Rucker, and Smith [Originating in the Committee on Health and Human Resources;
or (4) If a parent whose child has been removed from the parent’s care, custody, and control by an order of removal voluntarily fails to have contact or attempt to have contact with the child for a period of 18 consecutive months:
or (4) If the parents have not seen the child for a continuous period of 18 months from the date of the removal order.
Provided, That failure to have, or attempt to have, contact due to being incarcerated, being in a medical or drug treatment facility, or being on active military duty shall not be considered voluntary behavior.
If multidisciplinary team as defined in §49-1-207 of this code recommends that it is appropriate to terminate parental rights the court shall so order.
The 18-month time period is tolled for any period of time a parent is incarcerated, in a rehabilitation facility, or is an active military service member stationed or deployed for an extended time.
Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.
_______________   JUDICIARY COMMITTEE AMENDMENTS On pages one and two, section 605, lines through 22, by striking out all of subdivision (4) and inserting in lieu thereof a new subdivision, designated subdivision (4), to read as follows:
(4) If a parent whose child has been removed from the parent’s care, custody, and control by an order of removal voluntarily fails to have contact or attempt to have contact with the child for a period of 18 consecutive months:
Provided, That failure to have, or attempt to have, contact due to being incarcerated, being in a medical or drug treatment facility, or being on active military duty shall not be considered voluntary behavior.
And,  By striking out the title and substituting therefor a new title, to read as follows:
Eng.
Com.
Sub.
for Senate Bill 443--A BILL to amend and reenact §49-4-605 of the Code of West Virginia, 1931, as amended, relating to requiring the department to file a petition to terminate parental rights when parents have not had contact or attempted contact with a child in 18 consecutive months from the removal order;
and creating exceptions thereto.
    Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.
⬇ Download PDF
View plain text versions (4)

Action History

  1. Chapter 35, Acts, Regular Session, 2018

  2. Approved by Governor 3/27/18

  3. To Governor 3/21/18

  4. Approved by Governor 3/27/18 - Senate Journal

  5. Approved by Governor 3/27/18 - House Journal

  6. To Governor 3/21/18 - Senate Journal

  7. To Governor 3/21/18 - House Journal

  8. House received Senate message

  9. Completed legislative action

  10. Communicated to House

  11. Senate concurred in House amendments and passed bill (Roll No. 478)

  12. House Message received

  13. Communicated to Senate

  14. Title amendment adopted (Voice vote)

  15. Passed House (Roll No. 461)

  16. Read 3rd time

  17. On 3rd reading, Special Calendar

  18. Committee amendment adopted (Voice vote)

  19. Read 2nd time

  20. On 2nd reading, Special Calendar

  21. Read 1st time

  22. On 1st reading, Special Calendar

  23. With amendment, do pass

  24. To House Judiciary

  25. With amendment, do pass, but first to Judiciary

  26. To House Health and Human Resources

  27. To Health and Human Resources then Judiciary

  28. Introduced in House

  29. Ordered to House

  30. Passed Senate with amended title (Roll No. 209)

  31. Read 3rd time

  32. On 3rd reading

  33. Committee amendment adopted (Voice vote)

  34. Read 2nd time

  35. On 2nd reading

  36. Reported do pass, with amendment and title amendment

  37. Having been read 1st time 2/21/18

  38. On 2nd reading to Judiciary

  39. Read 1st time

  40. Immediate consideration

  41. Committee substitute reported, but first to Judiciary

  42. To Health and Human Resources

  43. Introduced in Senate

  44. To Health and Human Resources then Judiciary

  45. Filed for introduction

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 6 co-sponsors · 145 not signed on

Sponsors (1)

  • Arvon

Co-sponsors (6)

Not signed on (145)

145 members have not signed on to this bill.

Show all 145 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 96 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 67101
Republican 25001
Democrat 4000
Total 96102
% of votes cast 97%1%0%2%
How each member voted (99)
Member Party Vote
Evans, E. — Yea
Lane — Yea
Atkinson — Yea
Fast — Yea
Kessinger — Yea
Robinson — Yea
Rodighiero — Yea
Romine, C. — Yea
Romine, R. — Yea
Blair — Yea
Foster — Yea
Martin — Yea
Maynard — Yea
Hartman — Yea
Sypolt — Yea
Thompson — Yea
Nelson — Yea
Diserio — Yea
Phillips — Yea
Boggs — Yea
Brewer — Yea
Byrd — Yea
Canestraro — Yea
Caputo — Yea
Espinosa — Yea
Folk — Yea
Frich — Yea
Graves — Yea
Harshbarger — Yea
Higginbotham — Yea
Hill — Yea
Householder — Yea
Iaquinta — Yea
Longstreth — Yea
Lovejoy — Yea
Lynch — Yea
Overington — Yea
Pack — Yea
Paynter — Yea
Pethtel — Yea
Rowan — Yea
Shott — Yea
Sponaugle — Yea
Storch — Yea
Summers — Yea
Wagner — Yea
Westfall — Yea
Evans, A. — Yea
Speaker Armstead — Yea
Pyles — Yea
Ambler — Yea
Bates — Yea
Capito — Yea
Cowles — Yea
Deem — Not Voting
Ferro — Yea
Fleischauer — Yea
Hamrick — Yea
Hicks — Yea
Hollen — Yea
Isner — Yea
Love — Yea
Marcum — Yea
Miley — Yea
Moye — Yea
Rowe — Yea
Sobonya — Yea
Upson — Nay
Wilson — Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
D. Rolland Jennings Republican Yea
Erica Moore Republican Not Voting
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Yea
Guy Ward Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Stanley Adkins Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 30001
Republican 3000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
ARVON — Yea
GAUNCH — Yea
RUCKER — Yea
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
KARNES — Yea
STOLLINGS — Yea
BEACH — Yea
MANN — Not Voting
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Yea
BOLEY — Yea
MAYNARD — Yea
TAKUBO — Yea
BOSO — Yea
OJEDA — Yea
TRUMP — Yea
PALUMBO — Yea
UNGER — Yea
CLINE — Yea
PLYMALE — Yea
WELD — Yea
PREZIOSO — Yea
WOELFEL — Yea
FACEMIRE — Yea
ROMANO — Yea
MR PRESIDENT — Yea
FERNS — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea
Sarah Drennan Republican Yea

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 443?
SB 443 is sponsored by Patricia Rucker (Republican), Gaunch, Cline, Arvon, Maynard, Randy E. Smith (Republican), and Mike Azinger (Republican).
What is the current status of SB 443?
This bill has been enacted into law. Introduced January 31, 2018. Enacted.
Where can I track SB 443?
Track SB 443 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 443

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 443

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →