West Virginia 2023 Regular Session

West Virginia Senate Bill SB67

Introduced
1/11/23  

Caption

Requiring DHHR file petition to terminate parental rights under certain circumstances

Impact

The implications of SB67 are significant as it changes the criteria under which a parent's rights can be terminated, particularly focusing on the history of abuse or neglect. By specifying that the DHHR must act under certain conditions, this bill emphasizes the state's responsibility to protect children from harmful situations. It also intends to streamline court processes related to child welfare cases, potentially leading to swifter resolutions for children in foster care. Given the nature of the legislation, it is expected to affect families involved in the child welfare system across West Virginia.

Summary

Senate Bill 67 aims to amend and reenact §49-4-605 of the Code of West Virginia concerning the termination of parental rights. This bill mandates the Department of Health and Human Resources (DHHR) to file a petition for the termination of parental rights when a parent has been found to have subjected their child to abuse or neglect on two separate occasions. The legislation is designed to expedite the process of terminating parental rights in cases where the safety and welfare of the child are at risk due to the parent's previous actions.

Sentiment

Discussion around SB67 appears to be polarized between advocates for child welfare and those concerned about parental rights. Proponents believe that the bill is a necessary step to protect children from abusive environments and ensure their safety. This sentiment resonates particularly among child advocacy groups and some lawmakers who prioritize child protection laws. Conversely, opponents may argue that the bill could lead to unjust actions against parents, particularly if they feel that circumstances surrounding the abuse allegations are complex or if they believe in the potential for rehabilitation.

Contention

Notable points of contention surrounding SB67 involve the balance between protecting children's rights and ensuring fair treatment for parents. Critics may raise concerns regarding the potential for overreach by the state in family matters and the importance of considering the unique circumstances surrounding each family situation. There are anxieties that the bill could lead to hasty decisions to terminate parental rights without adequate consideration of the family's context or the possibility of reunification post-abuse or neglect assessments.

Companion Bills

No companion bills found.

Previously Filed As

WV SB366

Requiring DHHR file petition to terminate parental rights under certain circumstances

WV SB93

Requiring DHHR file petition to terminate parental rights under certain circumstances

WV SB15

Requiring Department of Human Services file petition to terminate parental rights under certain circumstances

WV A3047

Provides for termination of parental rights under certain circumstances; expands definition of "abused child."

WV HB2369

Relating to loss of parental rights after a third petition for a child’s removal

WV HB765

Parental rights; termination for alleged sexual abuse, petition filed by other parent.

WV HB765

Parental rights; termination for alleged sexual abuse, petition filed by other parent.

WV HB1135

Provides for the termination of parental rights in certain circumstances

WV HB5409

Relating to loss of parental rights after a third petition for a child’s removal

WV HB777

Provides for the termination of parental rights in certain circumstances

Similar Bills

No similar bills found.