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Bill > HB4044


WV HB4044

WV HB4044
To require hair follicle drug testing of parents or guardians in cases of substantiated child abuse or neglect of a minor


summary

Introduced
01/14/2026
In Committee
01/19/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

The purpose of this bill is to enhance and improve child well-being by requiring a hair follicle drug test of a substantiated child abuser before restoring visitation rights.

AI Summary

This bill mandates hair follicle drug testing for parents or guardians in West Virginia when child abuse or neglect is substantiated, aiming to improve child safety and well-being by ensuring a more reliable drug screening method than urine or oral swabs, which can be easily manipulated. Specifically, within 48 hours of a substantiated finding, the parent or guardian must undergo a 90-day, 12-panel hair follicle drug test before unsupervised visitation or before children are returned to their care. This testing is intended to validate prior drug screens and is crucial for court and child protective services to determine the best interests of the child. If the parent or guardian tests positive for illegal drugs or prescription drugs without a valid prescription, the minor children, including unborn fetuses, will also undergo hair follicle drug testing. The bill also outlines procedures for handling positive results, including mandatory neurological examinations for exposed children and considers any attempt to alter the hair sample as a positive test, with non-compliance also treated as a positive result.

Committee Categories

Justice

Sponsors (1)

Last Action

House Committee on the Judiciary Meeting (09:00:00 1/20/2026 House Judiciary Committee Room 410) (on 01/20/2026)

bill text


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