West Virginia 2024 Regular Session

West Virginia House Bill HB5662

Introduced
2/13/24  
Refer
2/13/24  
Engrossed
2/23/24  
Refer
2/24/24  
Refer
2/24/24  
Report Pass
3/1/24  
Enrolled
3/7/24  
Passed
3/9/24  

Caption

Relating to adding “person in a position of trust” to certain crimes

Impact

The bill modifies existing statutes regarding child abuse and neglect under West Virginia law. It specifically codifies the consequences for failing to provide basic necessities, such as food, shelter, and medical care, and stipulates that neglect resulting in severe harm or death constitutes a felony. This change is anticipated to strengthen legal protections for children, by ensuring that individuals with custodial responsibilities face appropriate penalties for negligence that endangers child safety, thus reinforcing a proactive approach to child welfare within the state's legal system.

Summary

House Bill 5662 aims to enhance the legal framework surrounding child welfare by introducing provisions that hold individuals in positions of trust accountable for child neglect and abuse. Specifically, the bill expands the definition of 'person in a position of trust' and enables the criminal prosecution of such individuals for severe cases of neglect resulting in harm or death of a child. The legislation is grounded in a commitment to prevent and penalize child endangerment more effectively, ensuring that those responsible for a child's wellbeing are held to a higher standard of care.

Sentiment

Overall, the sentiment surrounding HB 5662 appears to be largely positive, with supporters claiming it as a necessary step towards improving child safety measures and enhancing accountability for adults responsible for child care. Stakeholders, including child advocacy groups, have expressed strong support for the bill, arguing that it is essential in creating a safer environment for vulnerable children. However, there are some concerns from individuals advocating for parental discretion and rights regarding the provisions that apply to medical care decisions based on religious beliefs.

Contention

Notable points of contention regarding HB 5662 revolve around the balance of parental rights against the state’s interest in child welfare. Critics worry that the new definitions and heightened liability might lead to increased prosecution of parents for scenarios arising from poverty or genuine family struggles, potentially disproportionately affecting low-income families. Additionally, sensitively navigating religious considerations in medical treatment is a critical aspect of the debate, as the bill includes provisions addressing these conflicts but may still lead to challenges in real-world applications.

Companion Bills

WV SB780

Similar To Adding liability to person in position of trust for child abuse cases

Similar Bills

WV HB4032

Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse

WV SB780

Adding liability to person in position of trust for child abuse cases

WV HB2524

Modifying the definition of child abuse or neglect to exclude accidental injury

WV HB4302

Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse

WV HB2113

Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse

WV HB2123

Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse

WV SB509

Modifying criminal penalties imposed on parent, guardian, or custodian for child abuse

WV HB2397

Modifying the definition of child abuse or neglect to exclude accidental injury