West Virginia 2024 Regular Session

West Virginia House Bill HB5028

Introduced
1/23/24  

Caption

Requiring that final orders be prepared and signed within ten (days) of the disposition hearing.

Impact

The introduction of HB 5028 would directly impact existing court procedures regarding child custody and welfare cases. By requiring that final orders be prepared and signed promptly, the bill is expected to reduce delays in decision-making that can result from protracted court procedures. This change aims to provide a more structured and predictable timeline for families involved in child welfare cases, which advocates believe could promote better outcomes for children by ensuring that cases are resolved in a timely manner and allowing families to receive necessary services sooner.

Summary

House Bill 5028 aims to amend West Virginia Code ยง49-4-604 by instituting a requirement for courts to prepare and sign final orders within ten days following the disposition hearing. The bill's intent is to expedite judicial processes related to child welfare cases, ensuring prompt resolutions that can positively affect the lives of children and families involved. By mandating a shorter timeline for these orders, the legislation seeks to enhance the efficiency of the court system while also ensuring timely decision-making in cases that often involve urgent circumstances regarding children's welfare.

Sentiment

The sentiment surrounding HB 5028 appears to be generally supportive, particularly among advocates for children's rights and well-being, who argue that swift judicial action can significantly benefit children in difficult situations. Proponents of the bill contend that reduced waiting times for final orders can minimize the uncertainty and distress experienced by families during court proceedings. However, there may also be concerns regarding the implications of expedited processes, with some stakeholders questioning whether the quality of decision-making could be compromised by the pressure to meet stringent timelines.

Contention

While HB 5028 enjoys support from child welfare advocates, some potential points of contention include the adequacy of resources available to courts to implement these new timelines effectively. Critics may raise questions about whether courts are sufficiently staffed or funded to ensure compliance with the new requirement without compromising the thoroughness of assessments and decisions. Balancing the need for timeliness with the need for careful consideration of each case is likely to be a key issue in discussions of the bill as it moves through the legislative process.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2058

Relating to requiring a court to verify certain conditions are met before a child who has been removed from a home may be returned to that home.

WV SB470

Making adoption records accessible for medical purposes

WV HB2150

Requiring parents or guardians to participate in programs for juveniles in an out-of-home placement

WV HB2428

Relating to foster care

WV SB621

Requiring sheriff to serve child abuse and neglect petitions

WV HB2018

Permitting the managed care case coordinator to attend the multidisciplinary team meeting

WV HB2002

Relating to providing support for families

WV SB67

Requiring DHHR file petition to terminate parental rights under certain circumstances

WV HB3194

Free range parenting is not classified as abuse and neglect

WV HB2016

Relating to confidential childcare records

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