Bill > SB540

This bill mandates that Child Protective Services (CPS) workers in West Virginia be provided with audio recording devices and requires them to audio record investigative interviews with children and parents or guardians during the initial stages of an investigation, before any child is removed from the home. It also permits parents or guardians to simultaneously audio record these interviews. The bill specifies that at the beginning of an interview, the CPS worker must inform the parent or guardian that the interview is being recorded and that they have the right to record it themselves. The worker must also identify themselves, the date, and the interviewee at the start of any recording. If a child is removed from the home, these audio recordings must be provided to the legal representatives of the adults involved and the child's guardian ad litem before a preliminary hearing. The recordings are to be preserved until all appeal periods have passed and are considered confidential, not subject to public disclosure. Importantly, these new audio recording requirements do not alter existing court rules for child abuse and neglect proceedings or procedures for Child Advocacy Center interviews.

Budget and Finance, Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=540&year=2026&sessiontype=RS&btype=bill