WEST VIRGINIA LEGISLATURE
2025 REGULAR SESSION
Introduced
House Bill 2638
By Delegates Cooper, Heckert, and Toney
[Introduced February 20, 2025; referred to the Committee on the Judiciary]
A BILL to amend and reenact §49-4-609 of the Code of West Virginia, 1931, as amended, relating to mandating that criminal charges be brought against parents when children are removed from their custody due to abuse and neglect.
Be it enacted by the Legislature of West Virginia:
## Article 4. Court Actions.
(a) In any case where a person is convicted of an offense against a child described in section twelve, article eight, chapter sixty-one of this code or articles eight-b or eight-d of that chapter and the person has custodial, visitation or other parental rights to the child who is the victim of the offense or to any child who resides in the same household as the victim, the court shall, at the time of sentencing, find that the person is an abusing parent within the meaning of this chapter as to the child victim, and may find that the person is an abusing parent as to any child who resides in the same household as the victim, and the court shall take further steps as are required by this article.
(b) Where a child has been removed from parental custody and the parent's rights to the child have been terminated under the conditions of §49-4-604, the Court shall also cause the instigation of criminal charges based on the circumstances of the case. The associated charges, penalties, and fines shall be in accordance with §61-8D-3, §61-8D-4, and §61-8D-5 depending on the circumstances. These charges shall be commenced at the time the child's custody arrangement is changed.
NOTE: The purpose of this bill is to mandate that criminal charges be brought against parents when children are removed from their custody due to abuse and neglect.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.