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HB5208 • 2026
The Family Justice Restoration and Due Process Act of 2026
The Family Justice Restoration and Due Process Act of 2026
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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2026-02-05
H
To House Judiciary
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2026-02-05
H
Introduced in House
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2026-02-05
H
To Judiciary
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2026-02-05
H
Filed for introduction
Official Summary Text
The Family Justice Restoration and Due Process Act of 2026
Current Bill Text
Read the full stored bill text
HB 5208 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 5208 History | Email Key: Green = existing Code. Red = new code to be enacted WEST VIRGINIA LEGISLATURE 2026 REGULAR SESSION FISCAL NOTE Introduced House Bill 5208 By Delegate Anders [Introduced February 05, 2026; referred to the Committee on the Judiciary] A BILL 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, §49-13-4, §49-13-5, §49-13-6, §49-13-7, §49-13-8, §49-13-9, §49-13-10, §49-13-11, and §49-13-12, relating to child protective services; establishing the Child Protective Services Due Process and Child Protection Act; clarifying that child abuse and neglect matters are governed exclusively by this article; requiring heightened burdens of proof; mandating sworn testimony; prohibiting administrative or "safety plan" removals; guaranteeing the right to counsel; establishing clear evidentiary standards; protecting against poverty-based removals;; creating penalties for misconduct; and providing transparency and oversight. Be it enacted by the Legislature of West Virginia: ARTICLE 13. CHILD PROTECTIVE SERVICES DUE PROCESS AND CHILD PROTECTION ACT §49-13-1. Short title . This Article shall be known and may be cited as the "Child Protective Services Due Process and Child Protection Act." §49-13 -2. Legislative findings. (a) The Legislature finds that the family is the foundational institution of a free society, and the removal of a child from a parent is one of the most severe deprivations of liberty known to law, requiring the highest procedural safeguards. §49-13-3. Scope and jurisdiction. This article governs all child abuse and neglect investigations, removals, custody restrictions, and termination of parental rights initiated by Child Protective Services. §49-13-4. Sworn testimony required . All Child Protective Services testimony, reports, or recommendations shall be sworn under oath and subject to penalties of perjury. §49-13-5. Proceedings in a court of record . (a) All proceedings affecting parental rights shall occur in court of record and be recorded for appeal. (b) Notwithstanding the requirements of recording and preservation under this section, the court shall take reasonable steps to protect the privacy and dignity of any child or parent involved in allegations of sexual abuse or sexual assault, consistent with constitutional due process §49-13-5a. Privacy protections in cases involving allegations of sexual assault. (a) In any child protective services proceeding involving allegations of sexual assault, the court shall: (1) Seal personally identifying information of the alleged victim and accused parent or guardian from public disclosure, except as necessary for judicial proceedings, appeal, or lawful investigation; (2) Use initials or pseudonyms in publicly accessible dockets, orders, and opinions; (3) Conduct in-camera review of sensitive evidence when necessary to protect privacy, provided that all parties retain full access to the evidence for purposes of defense and cross-examination. (b) No audio, video, transcript, report, or exhibit containing graphic sexual content or identifying information of an alleged victim or accused parent may be released to the public, except by court order upon a showing of compelling public interest. (c) Nothing in this section shall be construed to: (1) Limit the accused parent's right to confront witnesses, access evidence, or receive a fair and public trial; (2) Permit anonymous accusations to serve as evidence absent sworn testimony subject to cross-examination; or (3) Allow sealing or records to conceal government misconduct, perjury, or violations of due process. (d) Any intentional disclosure by a government employee of sealed or protected information in violation of this section constitutes misconduct and is subject to disciplinary action, civil liability, and applicable criminal penalties. §49-13-6. Prohibition on administrative or safety plan removals . No child may be removed without a court order except in cases of immediate physical danger. §49-13-7. Legal standards for state intervention . (a) Emergency removal requires probable cause; adjudication requires clear and convincing evidence; termination requires proof beyond a reasonable doubt. §49-13-8. Poverty not neglect . Poverty-related conditions may not constitute abuse or neglect. §49-13-9. Right to counsel . Parents shall be appointed legal counsel immediately upon any removal. §49-13-10. Penalties for misconduct . Child Protective Services misconduct is punishable by criminal penalti es and civil liability. §49-13-11. Transparency and oversight . Quarterly public reporting of Child Protective Services is required. §49-13-12. Effective Date . This article shall take effect July 1, 2027. NOTE: The purpose of this bill is to create the Child Protective Services Due Process and Child Protection Act. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added. 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