Plain English Breakdown
The plain English breakdown is still being put together. The official documents below are already here.
HB4986 • 2026
Relating to providing additional ground for abandonment finding in an adoption proceeding
Relating to providing additional ground for abandonment finding in an adoption proceeding
Children
Crime
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: HB4986 HFAT Akers 3-3 Morgan 3345 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.
- HB4986 HFAT Akers 3-3 Morgan 3345 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.
- B.
- 4986 -- A Bill to amend and reenact §48-22-306 of the Code of West Virginia, 1931, as amended, relating to amending conduct constituting abandonment in adoption proceedings; specifying that a court may make a finding of abandonment by a parent in an adoption proceeding if that parent is incarcerated pursuant to a felony conviction; clarifying that a court must determine by clear and convincing evidence that the period of time for which the parent is expected to be incarcerated will constitute a significant portion of the child’s remaining years of minority; establishing that the period of time of incarceration begins on the earliest date that the parent is incarcerated for a felony charge for which the parent was ultimately convicted; clarifying that a court must determine by clear and convincing evidence that continuing the parental relationship with the incarcerated parent would be harmful to the child and that a finding that the incarcerated parent has abandoned their child is in the best interest of the child; providing factors for the court to consider in making all determinations relating to a finding of abandonment in an adoption proceeding; and establishing that a birth parent shall have the opportunity to demonstrate to the court the existence of compelling circumstances relating to any claim of abandonment being made against that birth parent based upon incarceration due to a felony conviction.”; Adopted Rejected
- This amendment summary is using official source text because generated interpretation was skipped for this run.
Plain English: HB4986 HFAT Akers 3-3 Morgan 3345 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.
- HB4986 HFAT Akers 3-3 Morgan 3345 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: H.
- B.
- 4986 -- A Bill to amend and reenact §48-22-306 of the Code of West Virginia, 1931, as amended, relating to amending conduct constituting abandonment in adoption proceedings; specifying that a court may make a finding of abandonment by a parent in an adoption proceeding if that parent is incarcerated pursuant to a felony conviction; clarifying that a court must determine by clear and convincing evidence that the period of time for which the parent is expected to be incarcerated will constitute a significant portion of the child’s remaining years of minority; establishing that the period of time of incarceration begins on the earliest date that the parent is incarcerated for a felony charge for which the parent was ultimately convicted; clarifying that a court must determine by clear and convincing evidence that continuing the parental relationship with the incarcerated parent would be harmful to the child and that a finding that the incarcerated parent has abandoned their child is in the best interest of the child; providing factors for the court to consider in making all determinations relating to a finding of abandonment in an adoption proceeding; and establishing that a birth parent shall have the opportunity to demonstrate to the court the existence of compelling circumstances relating to any claim of abandonment being made against that birth parent based upon incarceration due to a felony conviction.”; Adopted Rejected
- This amendment summary is using official source text because generated interpretation was skipped for this run.
Bill History
-
2026-03-05
S
To Judiciary
-
2026-03-05
S
To Judiciary
-
2026-03-05
S
Introduced in Senate
-
2026-03-04
H
Communicated to Senate
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2026-03-04
H
Title amendment adopted (Voice vote)
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2026-03-04
H
Passed House (Roll No. 292)
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2026-03-04
H
Read 3rd time
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2026-03-04
H
On 3rd reading, Special Calendar
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2026-03-03
H
Read 2nd time
-
2026-03-03
H
On 2nd reading, Special Calendar
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2026-03-02
H
Read 1st time
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2026-03-02
H
On 1st reading, Special Calendar
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2026-02-27
H
By substitute, do pass
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2026-02-24
H
Markup Discussion
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2026-01-30
H
To House Judiciary
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2026-01-30
H
Introduced in House
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2026-01-30
H
To Judiciary
-
2026-01-30
H
Filed for introduction
Official Summary Text
Relating to providing additional ground for abandonment finding in an adoption proceeding
Current Bill Text
Read the full stored bill text
HB 4986 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 Engrossed Version House Bill 4986 History OTHER VERSIONS - Committee Substitute (1) | Introduced Version | | Email Key: Green = existing Code. Red = new code to be enacted WEST virginia legislature 2026 regular session ENGROSSED Committee Substitute for House Bill 4986 By Delegates Dittman, Rohrbach, Drennan, Sheedy, Jennings, Jordan, Pritt, Moore, Parsons, Kimble, and Hott [Originating in the Committee on the Judiciary; reported on February 25, 2026] A BILL to amend and reenact §48-22-306 of the Code of West Virginia, 1931, as amended, relating to child welfare; amending the conduct presumptively constituting abandonment of a child; specifying certain incarceration of a parent as conduct presumptively constituting abandonment of a child; and providing factors for the court to consider in making determinations of abandonment. Be it enacted by the Legislature of West Virginia: CHAPTER 48. DOMESTIC RELATIONS. ARTICLE 22. ADOPTION. §48-22-306. Conduct presumptively constituting abandonment. (a) Abandonment of a child over the age of six months shall be presumed when the birth parent: (1) Fails to financially support the child within the means of the birth parent; and (2) Fails to visit or otherwise communicate with the child when he or she knows where the child resides, is physically and financially able to do so and is not prevented from doing so by the person or authorized agency having the care or custody of the child: Provided, That such failure to act continues uninterrupted for a period of six months immediately preceding the filing of the adoption petition. (b) Abandonment of a child under the age of six months shall be presumed when the birth father: (1) Denounces the child's paternity any time after conception; (2) Fails to contribute within his means toward the expense of the prenatal and postnatal care of the mother and the postnatal care of the child; (3) Fails to financially support the child within the father's means; and (4) Fails to visit the child when he knows where the child resides: Provided, That such denunciations and failure to act continue uninterrupted from the time that the birth father was told of the conception of the child until the time the petition for adoption was filed. (c) Abandonment of a child shall be presumed when the unknown father fails, prior to the entry of the final adoption order, to make reasonable efforts to discover that a pregnancy and birth have occurred as a result of his sexual intercourse with the birth mother. (d) A minor child has been abandoned when the parent of a child is incarcerated in a state correctional facility pursuant to a felony conviction and: (1) The court determines by clear and convincing evidence that the period of time for which the parent is expected to be incarcerated will constitute a significant portion of the child’s remaining years of minority. The period of time of incarceration begins on the earliest date that the parent is incarcerated for a felony charge for which the parent was ultimately convicted. When determining whether the period of time is significant, the court shall consider the child’s age and the child’s need for a permanent and stable home; and (2) The court determines by clear and convincing evidence that continuing the parental relationship with the incarcerated parent would be harmful to the child and that a finding that the incarcerated parent has abandoned their child is in the best interest of the child. This determination shall include, but not be limited to, the following factors: (A) The age of the child, and if the child is 12 years of age or older, the child’s desires. (B) The nature of the offense for which the parent is incarcerated. (C) The relationship between the child and the parent. (D) The terms of confinement. (E) The nature of the parent’s current and past provision for the child’s developmental, cognitive, psychological, emotional, and physical needs. (F) The parent’s history of criminal behavior, which may include the frequency of incarceration and the unavailability of the parent to the child due to incarceration. (G) The length of incarceration in light of the child’s need for permanency, security, stability, and continuity. (d) (e) Notwithstanding any provision in this section to the contrary, any birth parent shall have the opportunity to demonstrate to the court the existence of compelling circumstances preventing said parent from supporting, visiting or otherwise communicating with the child , or relating to any claim of abandonment being made against a birth parent pursuant to subsection (d) of this section : Provided, That in no event may incarceration provide such a compelling circumstance if the crime resulting in the incarceration involved a rape in which the child was conceived. 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: