Relating to changing circumstances for when a child may be removed from a foster home.
Summary
HB2027 amends West Virginia’s foster care statute governing when a child may be removed from, or remain in, a foster home. The bill expands and clarifies the circumstances under which the Department of Human Services may temporarily remove children from a foster home after allegations of abuse or neglect, and when it must permanently end the foster placement if allegations are substantiated or uncontested. It also preserves departmental discretion not to terminate a placement when the abuse was not caused by the foster parents and continuing the placement is in the child’s best interests.
The bill also changes the rules for long-term foster placements and sibling placements. It lowers the threshold for limiting termination of a foster placement from more than 18 consecutive months to more than 15 consecutive months, while keeping the “best interests of the child” standard and enumerated exceptions. It adds and refines provisions requiring notice to foster or adoptive parents of siblings when a child becomes available for placement or adoption, and it strengthens the preference for placing siblings together when appropriate. Children age 12 or older are given an express option to remain in an existing placement in certain circumstances, and children age 14 or older may request termination of a foster arrangement in writing under specified conditions.
Impact
HB2027 would amend §49-4-111 of the West Virginia Code, affecting the Department of Human Services’ authority over foster care removals, placement stability, and sibling reunification. It changes statutory timing for long-term foster placements, adds notice obligations to foster and adoptive parents of siblings, and clarifies when courts may be asked to approve separation or reunification decisions. The bill primarily affects foster parents, adoptive parents, children in foster care, siblings, and the department responsible for child welfare placements.
Sentiment
The available voting history suggests broad support for the bill, as it passed the House 97-2. No committee transcript was provided, so there is no recorded floor or committee debate to indicate organized opposition or detailed support arguments. The strong vote margin suggests the measure was generally viewed favorably as a child-welfare and placement-stability bill.
Contention
The main points of potential contention are the balance between administrative discretion and judicial oversight, and the tension between keeping siblings together versus preserving a stable placement that may better serve an individual child. The bill also raises questions about when a foster placement should be terminated after abuse allegations, how much weight to give a child’s preference at ages 12 and 14, and whether the shortened long-term placement threshold could make removals or transfers more likely. Any opposition would likely come from those concerned about disrupting established foster homes or limiting flexibility in difficult placement decisions, while supporters would emphasize permanency, sibling reunification, and child safety.
Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, from the Department Revenue, State Budget Office, PEIA Rainy Day Fund