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West Virginia2026Enacted

HB4749

New Rights for Foster Children Age 13 and Older in Court Hearings

Last scannedAug 22, 2026, 11:08 AM

In one sentence

This law adds three new rights to the West Virginia Foster Child Bill of Rights specifically for children aged 13 and older regarding court hearings that affect them.

What it does

  • Requires foster children age 13 or older to receive timely notice about any hearing with legal implications for them.
  • Allows these children to attend such hearings, either in person or virtually if the court decides it is best based on safety and practicality.
  • Mandates that a guardian ad litem or lawyer explain the outcome of any legally significant hearing to the child.
  • Instructs lawyers to tell older children about potential distressing information at hearings without discouraging them from attending.

Who it affects

  • Foster children in West Virginia who are 13 years old or older.
  • Children placed with relatives (kinship placement) who meet the age requirement.
  • Guardians ad litem and legal counsel representing these children.
  • Courts handling cases involving foster care hearings.

Limits and unknowns

  • The law does not create a new way for individuals to sue in court if these rights are violated.
  • Courts can decide that virtual attendance is better than in-person attendance based on the child's situation or safety needs.
  • Violations of these specific rights must be reported to and investigated by the foster care ombudsman rather than through a lawsuit.

Plain language

Terms to know

Foster Child Bill of Rights
A list of guaranteed rights for children in the state's child welfare system, including safety, health care, and education.
Guardian ad litem
An attorney appointed by a court to represent the best interests of a child during legal proceedings.
Kinship placement
A living arrangement where a child is placed with a relative or someone close to the family instead of a non-relative foster home.

Official record

Sources

Validated
Official bill pageIntroduced textCurrent bill textStored full record

Official summary

Relating to adding requirements to the foster child bill of rights

Official activity

Bill history

  1. Chapter 71, Acts, Regular Session, 2026H
  2. Approved by Governor 3/13/2026 - House JournalH
  3. Approved by Governor 3/12/2026H
  4. Approved by Governor 3/12/2026 - Senate JournalS
  5. To Governor 3/6/2026 - Senate JournalS
  6. To Governor 3/6/2026H
  7. House Message receivedS
  8. Completed legislative actionH
  9. House concurred in Senate amendment and passed bill (Roll No. 351)H
  10. House received Senate messageH
  11. Senate requests House to concurS
  12. Passed Senate with amended title (Roll No. 314)S
  13. Read 3rd timeS
  14. On 3rd readingS
  15. Read 2nd timeS
  16. On 2nd readingS
  17. Read 1st timeS
  18. On 1st readingS
  19. Reported do pass, with title amendmentS
  20. To JudiciaryS

Changes

Amendments

4 stored

hb4749 hfa akers 2-9 _1 adopted.htm

Adopted

hb4749 hfa akers 2-9 _1.htm

Filed

hb4749 hfat akers 2-10 adopted.htm

Adopted

hb4749 hfat akers 2-10.htm

Filed