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HB4354 • 2026
Relating to necessity allowance
This bill passed the Legislature and reached final enactment based on the latest official action.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Relating to necessity allowance
Approved by Governor 4/1/2026
To Governor 3/18/2026
Approved by Governor 4/1/2026 - House Journal
Approved by Governor 4/1/2026 - Senate Journal
To Governor 3/18/2026 - Senate Journal
House Message received
Completed legislative action
Communicated to Senate
House concurred in Senate amendment and passed bill (Roll No. 497)
House received Senate message
Senate requests House to concur
Passed Senate with amended title (Roll No. 395)
Read 3rd time
On 3rd reading
Committee amendment adopted (Voice vote)
Read 2nd time
On 2nd reading
Read 1st time
Immediate consideration
Reported do pass, as amended by Judiciary
To Finance
Reported do pass with amend and title amend but first to Finance
Referred to Judiciary
Without recommendation, but first to Judiciary then Finance
To Health and Human Resources
To Health and Human Resources then Finance
Introduced in Senate
Communicated to Senate
Passed House (Roll No. 19)
Read 3rd time
On 3rd reading, Special Calendar
On 3rd reading, Special Calendar
Read 2nd time
On 2nd reading, Special Calendar
Read 1st time
On 1st reading, Special Calendar
2nd reference dispensed
By substitute, do pass
Markup Discussion
To House Health and Human Resources
Introduced in House
To Health and Human Resources then Finance
Filed for introduction
Relating to necessity allowance
HB 4354 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP. COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO. NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version House Bill 4354 History OTHER VERSIONS - Committee Substitute (1) | Engrossed Version | Introduced Version | | Email Key: Green = existing Code. Red = new code to be enacted WEST VIRGINIA LEGISLATURE 2026 REGULAR SESSION ENROLLED Committee Substitute for House Bill 4354 By Delegates Burkhammer and Mazzocchi [Passed March 13, 2026; in effect 90 days from passage (June 11, 2026)] AN ACT to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §49-13-1, §49-13-2, §49-13-3, and §49-13-4, relating to providing adequate clothing and approved necessities for certain children in out-of-home placement; requiring review, inventory, and purchase of clothing and necessities; requiring minimum funding allowance for adequate wardrobe and approved necessities; providing for initial and supplementary allowances; and prescribing methods for payment or reimbursement. Be it enacted by the Legislature of West Virginia: ARTICLE 13. REQUIREMENTS FOR CLOTHING ALLOWANCE AND APPROVED NECESSITIES. §49-13-1. Purpose. The purpose of this article is to: (1) Codify the department’s policy for providing an adequate wardrobe and approved necessities for any child removed from his or her home and in the legal custody of the department; and (2) Set forth payment methods for purchasing the items. §49-13-2. Definitions. For purposes of this article: "Adequate wardrobe" means clothes that are in good condition, appropriate for all seasons, and fit a child for the entirety of his or her time in placement; "Approved necessities" means necessities that have been approved by the department for purchase pursuant to this article; “Bureau” means the Bureau of Social Services; "Department" means the Department of Human Services; "Initial clothing allowance" means funding, from the bureau to the placement provider, to cover expenses for an adequate wardrobe and approved necessities at the time of initial placement, if needed; "Inventory" means a listing of a child’s wardrobe and necessities when the child enters a placement and includes any updates to the listing during a placement period; “Necessities" means items, other than clothes, necessary to care for a child; "Placement” means any placement of a child who is in the legal custody of the department in any foster home, kinship parent home, or residential care provider home; and “Placement provider" means a foster parent, kinship parent, or residential care provider with whom the department has placed a child who has been removed from his or her home and is in the legal custody of the department. §49-13-3. Requirements. (a) A placement provider in conjunction with the child welfare worker shall review a child’s current clothing, necessities, and inventory at the time of initial placement to determine whether: (1) The child possesses an adequate wardrobe and sufficient approved necessities; or (2) The child needs to be issued an initial clothing allowance to obtain an adequate wardrobe and approved necessities. (b) If the child possesses an adequate wardrobe and sufficient approved necessities at the time of initial placement, further action is not needed at that time. (c) If the child does not have an adequate wardrobe or sufficient approved necessities at the time of the initial placement, then the placement provider shall seek a clothing allowance to purchase an adequate wardrobe and approved necessities for the child. (d) An initial clothing allowance is not intended to completely outfit the child, but rather only to supply the child with immediate clothing and necessities. (e) A placement provider shall: (1) Supply a child with an adequate wardrobe and approved necessities for as long as the child remains in his or her care; and (2) Periodically update the clothing and necessity inventory throughout that placement period. (f) A child’s inventory shall follow him or her throughout all placements. §49-13-4. Amount and form of payment. (a) The bureau shall issue an initial clothing allowance for a minimum of $375. (b) The department shall designate one of the following methods to pay for the initial clothing allowance and any supplementary clothing allowance, listed in priority order: (1) A reloadable electronic-transfer payment card will be issued to the placement provider specifically for the purpose of this article; (2) A child welfare worker or case aid will use a purchasing card issued to him or her pursuant to the purchasing card program in §12-3-10a of this code; or (3) The Bureau will reimburse a placement provider for purchases made using the placement provider’s own funds. This method may be used only when another method is not feasible. (c) Payment card. — This subsection applies when using a payment card. (1) The bureau shall issue a new payment card to a placement provider or re-load an existing payment card with funds within 48 hours of a child being placed with the placement provider. (2) A payment card may be used online or in any store that accepts an electronic payment transaction. (3) The department shall: (A) Adopt a policy regarding requirements for using a payment card, which includes, but is not limited to: (i) An explanation of proper purchases that may be made using the payment card; (ii) An explanation of how and when the payment card can be re-loaded; (iii) A requirement to retain receipts for reconciling purchases; and (iv) A requirement that reimbursements under this section are limited to the funds available to the placement provider under the initial or any supplementary clothing allowance available during the relevant placement period; and (B) Provide the policy to a placement provider when issuing the payment card. (d) Purchasing card. — For any item purchased using a purchasing card, the child welfare worker or case aid shall retain the receipt and follow the reconciliation process required by the purchasing card program. (e) Reimbursement to a placement provider. — (1) A kinship placement provider who purchases any adequate wardrobe item or approved necessities, using his or her own funds and expecting reimbursement, shall submit the purchase receipt to the child welfare worker or case aid for reimbursement from the department. (2) A foster care placement provider who purchases any adequate wardrobe item or approved necessities, using their own funds and expecting reimbursement, shall submit the purchase receipt to their child placing agency. The child placing agency shall submit an invoice for the purchase to the department who shall provide reimbursement. The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled. ............................................................... Clerk of the House of Delegates ............................................................... Clerk of the Senate Originated in the House of Delegates. In effect 90 days from passage. ............................................................... Speaker of the House of Delegates ............................................................... President of the Senate __________ The within is ................................................ this the........................................... Day of ..........................................................................................................., 2026. ............................................................. Governor 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. | Terms of Use | Webmaster | © 2026 West Virginia Legislature ** Print On Demand Name: Email: Phone: