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Bill > SB438


WV SB438

WV SB438
Relating to circumstances of parental rights


summary

Introduced
01/16/2026
In Committee
01/16/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

The purpose of this bill is to increase circumstances where the Department of Human Services is required to seek termination of parental rights. The bill also increases circumstances where the time limit for a respondent parent’s improvement period, or combination or extension of the respondent parent’s improvement period, applies.

AI Summary

This bill expands the circumstances under which the Department of Human Services is required to seek termination of parental rights, meaning the legal process to end the rights and responsibilities of a parent towards their child. Specifically, it mandates termination if a child has been in placements like foster care, kinship care (care by relatives), residential facilities, or with a non-offending parent for 15 out of the most recent 22 months, or in cases of severe abuse, abandonment, or if a parent has committed serious crimes against a child or had their parental rights to another child terminated. The bill also clarifies and potentially extends the time limits for "improvement periods," which are court-ordered opportunities for parents to address issues and demonstrate their ability to provide a safe environment for their child, by specifying that the total duration of these periods, including any extensions, cannot exceed 15 months within a 22-month timeframe, unless compelling circumstances justify an extension in the child's best interest.

Committee Categories

Justice

Sponsors (1)

Last Action

To Judiciary (on 01/16/2026)

bill text


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