Creating Bring Them Home Fund

SB 399 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

sb399 sub1

Senate Bill 399 History

OTHER VERSIONS
-

Introduced Version

|

|
Email

Key:
Green
= existing Code.
Red
= new code to be enacted

WEST virginia legislature
2026 regular session
Committee Substitute
for
Senate Bill 399
By Senators smith (Mr. President) and Woelfel
[By Request of the Executive]
[Reported February 24, 2026, from the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §49-13-101, §49-13-102, §49-13-103, and §49-13-104, relating to creating the Bring Them Home Fund; providing legislative findings and purpose; establishing criteria for receipt and disbursement of moneys; requiring certain coordination and cooperation among state agencies; authorizing certain agreements to fulfill the purpose of the fund; and granting authority to promulgate legislative, procedural, and emergency rules.
Be it enacted by the Legislature of West Virginia:

article 13. BRING THEM HOME fund.

§49-13-101. Legislative findings and purpose.

(a) The Legislature finds as follows:
(1) When a child is in need of in-patient placement for acute psychiatric, neurodevelopmental, or trauma services, that child should be able to receive adequate services within their home state;
(2) Placement in an out-of-state residential childcare and treatment facility not only bears a significantly higher cost than a similar in-state placement, but the distance can make it more difficult for the department to have meaningful engagement with the child and his or her treatment team; and
(3) Most importantly, an out-of-state placement means that a child who is already in a crisis situation may lose any family support he or she might have.
(b) The purpose of this article is to address a valuable public need to create more quality, in-state placement facilities that are able to provide necessary residential treatment to the children who need it most.

§49-13-102. Bring Them Home Fund created.

(a) A special revenue fund is created and designated the "Bring Them Home Fund" to be administered by the Secretary of the Department of Human Services. As used in this article, “fund” means the Bring Them Home Fund. The fund consists of the following:
(1) Any appropriations made by the Legislature;
(2) Any grants, gifts, donations, contributions, or revenues, received from any source and in any form, including cash, property, or other resources;
(3) All income earned on moneys, properties, and assets held in the fund, or from any investments;
(4) Any moneys generated through a revolving funding structure; and
(5) Any moneys reinvested pursuant to subsection (b) of this section.
(b) The secretary shall reinvest savings from decreased numbers of out-of-state placements directly into the fund for continued expansion of high-quality child welfare treatment facilities and services.
(c) Any moneys received by the secretary for the purpose of the fund shall be paid into the fund and managed and disbursed as set forth in this article, unless such a transfer is not allowable by law.
(d) Any moneys remaining in the fund at the end of a fiscal year do not revert to the General Revenue Fund but remain in the fund to be expended pursuant to this article.

§49-13-103. Disbursement.

(a) The Secretary of the Department of Human Services may disburse moneys from the Bring Them Home Fund, at his or her discretion, for any of the following purposes:
(1) To renovate existing state properties for the purpose of expanding high-acuity psychiatric, neurodevelopmental, or trauma services for children residing in West Virginia;
(2) To develop treatment programs, including in-patient programs and aftercare programs, that match clinical profiles of children historically placed out-of-state;
(3) To expand the child welfare provider network in West Virginia and build a foundation for high-quality, specialty care; or
(4) To operate, or cause to be operated, a state-owned, in-state, in-patient, childcare facility.
(b) The secretary is not limited to using state properties which are already within the possession of the Department of Human Services. The secretary may coordinate with other state agencies and the State Board of Education to determine any existing state properties that could be used for a childcare facility. Recognizing the social and economic value of placing children at in-state facilities, other state agencies shall act collaboratively with the Department of Human Services to identify any state properties that can better serve a public need through repurposing in accordance with this article.
(c) The secretary may enter into operating or management agreements with private entities to fulfill the purposes of this section and may disburse funds to do so.
(1) An operating or management agreement may include, without limitation, a lease agreement for real property. The Department may collaborate with a contracted operator or manager, or a prospective operator or manager, during the rehabilitation phase.
(2) A third party contractually authorized to operate or manage an in-state facility at a property owned by the state may not accept the placement of out-of-state children, unless the department affirms, in writing, that the placement needs for in-state children are presently satisfied. The department may require a private operator or manager to leave one or more beds unassigned in the event that the need for placement of an in-state child arises.

§49-13-104. Rules; emergency rules.

(a) The Secretary of the Department of Human Services may promulgate legislative and procedural rules pursuant to the provisions of §29A-3-1
et seq
. of this code.
(b) The Legislature finds that an emergency exists and, therefore, on or before September 1, 2026, the secretary may promulgate an emergency rule to implement the provisions of this article in accordance with §29A-3-15 of this code.

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: