Read the full stored bill text
SB 16 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
Senate Bill 16 History
|
Email
Key:
Green
= existing Code.
Red
= new code to be enacted
FISCAL NOTE
WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
Senate Bill 16
By Senator Rose
[Introduced January 14, 2026; referred
to the Committee on the Judiciary; and then to the Committee on Finance]
A BILL to amend and reenact §49-2-802a of the Code of West Virginia, 1931, as amended, relating to creating the Child Protection Investigations Reform Act; and requiring notification to a person accused of child abuse or neglect of the person's rights in connection with an investigation conducted by the Department of Human Services.
Be it enacted by the Legislature of West Virginia:
Article 2. State responsiblities for children.
§49-2-802a.
Information to be provided at the outset of a child protective services investigation
Child Protection Investigations Reform Act.
(a) Notwithstanding any other provision to the contrary, immediately upon initiating an investigation of a parent or other person having legal custody of a child, the department shall, upon first contact with the individual, provide the individual with a copy of A Parent’s Guide to Working with Child Protective Services (Guide).
(b) The Guide shall include a short and plain statement to include, but not be limited to, the following:
(1) Steps that the department will take to investigate signs of abuse and neglect;
(2) Steps that may need to be taken to make a safer or healthier home for the child;
(3) An overview of the court process;
(4) The confidentiality of maltreatment reports and case appeals;
(5) Child visitation; and
(6) Case appeals.
(a) Notwithstanding any other provision of code to the contrary, immediately upon initiating an investigation of a parent or other person having legal custody of a child, the department shall, upon first contact with the person, provide to the person:
(1) A Summary that:
(A) Is brief and easily understood;
(B) Is written in a language that the person understands, or if the person is illiterate, is read to the person in a language that the person understands; and
(C) Contains the following information:
(i) The department's procedures for conducting an investigation of alleged child abuse or neglect, including: a description of the circumstances under which the department would request to remove the child from the home through the judicial system; and an explanation that the law requires the department to refer all reports of alleged child abuse or neglect to a law enforcement agency for a separate determination of whether a criminal violation occurred;
(ii) The person's right to file a complaint with the department in the investigation;
(iii) The person's right to review all records of the investigation unless the review would jeopardize an ongoing criminal investigation or the child's safety;
(iv) The person's right to seek legal counsel;
(v) References to the statutory and regulatory provisions governing child abuse and neglect and how the person may obtain copies of those provisions;
(vi) The process the person may use to acquire access to the child if the child is removed from the home; and
(vii) The rights listed under subdivision (2) of subsection (a):
(2) A verbal notification made in a language that the person understands that the Fourth Amendment to the United States Constitution applies to the department, and protects the person, and that the person has the right to:
(A) Exercise his or her right against self-incrimination and not speak with any agent of the department without legal counsel present;
(B) Assistance by an attorney;
(C) Have court-appointed attorney if the person is indigent;
(D) Record any interaction or interview subject to disclosure to the department, law enforcement, or another party under a court order;
(E) Refuse to allow the investigator to enter the home or interview the children without legal counsel present;
(F) Withhold consent to the release of any medical or mental health records;
(G) Withhold consent to any medical or psychological examination of the child;
(H) Refuse to submit to a drug or urine test; and
(I) Consult with legal counsel prior to agreeing to any proposed voluntary safety plan; and
(3) A verbal or written summary made in a language that the person understands of the allegations against the person, and whether they were made by an anonymous reporter.
(b) The department shall adopt a form for the purpose of verifying that the parent or other person having legal custody of the child received the verbal notification and written summary required by this section.
(c) The changes in law made by this section apply only to an investigation of a report of child abuse or neglect that is made on or after the effective date of this section. An investigation of a report of abuse or neglect made before the effective date of this section is governed by the law in effect on the date the report was made, and the former law is continued in effect for that purpose.
(d) This section takes effect on July 1, 2026.
NOTE: The purpose of this bill is to create the Child Protection Investigations Reform Act; and require notification to a person accused of child abuse or neglect of the person's rights in connection with an investigation conducted by the Department of Human Services.
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: