West Virginia 2024 Regular Session

West Virginia House Bill HB5151

Introduced
1/25/24  
Refer
1/25/24  
Refer
2/2/24  
Engrossed
2/27/24  
Refer
2/28/24  
Refer
2/28/24  
Report Pass
2/29/24  
Enrolled
3/9/24  
Passed
3/9/24  

Caption

Relating to defining term fictive kin

Impact

Implementing these changes is expected to enhance the support system available to children in foster care and juvenile justice systems. By acknowledging former foster parents as fictive kin, the bill aims to facilitate smoother transitions for children during placements. In parallel, the defined restorative justice programs aim to empower communities to engage in rehabilitative practices that could ultimately reduce recidivism rates among juveniles. These measures emphasize a child-centric approach that prioritizes stability and constructive community involvement.

Summary

House Bill 5151 amends West Virginia's legal definition of 'fictive kin' to include former foster parents, thereby expanding the eligibility for kinship placements. This significant change recognizes the relationships formed between foster children and their previous caregivers, allowing for more stable and familiar living arrangements when children are removed from their biological families. Additionally, the bill introduces a formal definition of 'restorative justice program', which aims to provide rehabilitative support through community involvement, thereby addressing juvenile delinquency with a focus on reintegration rather than punishment.

Sentiment

The sentiment around HB 5151 has been generally positive among child welfare advocates, recognizing the significance of maintaining enduring relationships for children in state custody. The acknowledgment of former foster parents as fictive kin is celebrated as a move towards more compassionate and understanding practices in child placements. However, there may be concerns from sections of the community about how the implementation of restorative justice programs will be managed and funded.

Contention

While many lawmakers support the bill for its potential to improve child welfare outcomes, some discussions have raised concerns regarding the adequacy of resources allocated to effectively implement the proposed restorative justice programs. Stakeholders debate whether local communities will have the capacity to deliver such programs sustainably. Additionally, ensuring that the expansion of the fictive kin definition does not lead to confusion or mismanagement within the child welfare system is another point of discussion among legislators.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2018

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

WV HB2002

Relating to providing support for families

WV HB2428

Relating to foster care

WV SB437

Relating to payment of state funds to qualified childcare entities

WV HB2016

Relating to confidential childcare records

WV HB2006

Relating to reorganizing the Department of Health and Human Resources

WV HB2150

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

WV SB126

Reorganizing DHHR

WV SB273

Relating to allocation of child protective workers in counties based upon population of county

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.

Similar Bills

CA AB226

Children’s crisis psychiatric residential treatment facilities.

NH HB1573

Relative to out-of-home placements for children.

CO HB1375

Child Residential Treatment And Runaway Youth

CA AB501

Mental health: community care facilities.

CA SB476

Short-term residential therapeutic programs.

CA AB551

Public Utilities Commission.