Plain English Breakdown
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HB5042 • 2026
Prohibit a child in the custody of the state from placement in facility not approved by Department of Human Services
Prohibit a child in the custody of the state from placement in facility not approved by Department of Human Services
Children
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Bill History
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2026-02-02
H
To House Health and Human Resources
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2026-02-02
H
Introduced in House
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2026-02-02
H
To Health and Human Resources
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2026-02-02
H
Filed for introduction
Official Summary Text
Prohibit a child in the custody of the state from placement in facility not approved by Department of Human Services
Current Bill Text
Read the full stored bill text
HB 5042 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 Introduced Version House Bill 5042 History | Email Key: Green = existing Code. Red = new code to be enacted WEST VIRGINIA LEGISLATURE 2026 REGULAR SESSION Introduced House Bill 5042 By Delegate Burkhammer [Introduced February 02, 2026; referred to the Committee on Health and Human Resources] A BILL to amend and reenact the Code of West Virginia, 1931, as amended, by adding a new section, designated §49-2-125a, relating to prohibiting a child in custody of the state from being placed in a nonapproved facility; and providing for exceptions. Be it enacted by the Legislature of West Virginia: ARTICLE 2. STATE RESPONSIBILITIES FOR CHILDREN. §49-2-125a. Placement of children in approved facilities; exceptions. (a) No child in the custody of the state shall be placed in a facility that has not been approved by Department of Human Services. (b) In extraordinary circumstances only, the Secretary of the Department of Human Services may approve for a child to be placed in an unapproved facility. (c) The Department of Human Services shall provide a list of approved out-of-state placement facilities for children in the custody of the state. (1) The Department of Human Services shall update this list at least annually. (2) The Department of Human Services shall create a level of standards for out of state facilities. (3) The list shall include the location and the specialty of each facility. NOTE: The purpose of this bill is to prohibit a child in the custody of the state from being placed in a nonapproved facility. The bill provides for exceptions. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added. 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: