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Bill > HB4603


WV HB4603

WV HB4603
Relating to the creation of the process of obtaining and adjudicating a pre-adjudicatory alternative disposition


summary

Introduced
01/20/2026
In Committee
02/25/2026
Crossed Over
02/24/2026
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

A BILL to amend and reenact §29-21-2 of the Code of West Virginia, 1931, as amended, relating to expanding the definition of “eligible proceeding” to include pre-adjudicatory alternative diversion proceedings; appointment of a guardian for a minor in a circuit court pursuant to a pre-adjudicatory alternative diversion; to amend and reenact §44-10-3 of said code relating to the creation of a process to appoint a guardian in child abuse and neglect cases where a pre-adjudicatory alternative diversion has been granted; clarifying that two years after an order appointing a guardian has been entered in a guardianship proceeding that was filed pursuant to §49-4-607a a petition for adoption may be filed in the circuit court exercising jurisdiction over the original abuse and neglect proceeding providing certain requirements are satisfied; to amend and reenact §44-10-5 of said code exempting legal guardianships instituted pursuant to the granting of a pre-adjudicatory alternative diversion from bonding requirements; to amend and reenact §49-4-601b of said code relating to the expungement process where child abuse and neglect substantiations have occurred by the department in cases where a pre-adjudicatory alternative diversion has been granted; to amend and reenact §49-4-607a of said code relating to the creation of the process of obtaining and adjudicating a pre-adjudicatory alternative diversion.

AI Summary

This bill establishes a process for obtaining and adjudicating a "pre-adjudicatory alternative diversion," which is a legal pathway that allows for a guardianship to be established for a minor in child abuse and neglect cases without a formal finding of abuse or neglect. Specifically, it expands the definition of "eligible proceeding" to include these diversion proceedings, clarifies that circuit courts will appoint guardians for minors in these cases, and exempts these legal guardianships from bonding requirements. The bill also allows for adoption petitions to be filed two years after a guardianship is established under this diversion process, provided certain conditions are met, and outlines procedures for expunging department records related to child abuse and neglect allegations when a pre-adjudicatory alternative diversion has been granted.

Committee Categories

Justice

Sponsors (9)

Last Action

To Judiciary (on 02/25/2026)

bill text


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