Creating Child Protection Investigations Reform Act
Senate Bill 851 creates the “Child Protection Investigations Reform Act” and requires the Department of Human Services to give a parent or other legal custodian, at the start of a child abuse or neglect investigation, both a written summary and a verbal notice of specified rights. The notice must be provided on first contact and must be understandable to the person, including translation or oral reading if needed. It must explain the department’s investigation process, the possibility of judicial removal of a child, the referral of abuse/neglect reports to law enforcement, and the person’s rights to complain, review records in some circumstances, seek counsel, and obtain copies of governing laws and regulations.
The bill also requires the department to inform the person of additional constitutional and procedural rights, including the right against self-incrimination, the right to an attorney, the right to court-appointed counsel if indigent, the ability to record interactions subject to court-ordered disclosure, the right to refuse home entry or child interviews without counsel present, and the right to withhold consent for release of medical or mental health records, medical or psychological exams, drug testing, and voluntary safety plans. The department must adopt a form to verify that the required notice was given, and the new requirements apply only to investigations based on reports made on or after July 1, 2025.
This bill would add a new section to West Virginia’s child welfare code, specifically in Article 2 governing state responsibilities for children, and would impose new procedural duties on the Department of Human Services during child abuse and neglect investigations. It would not change the substantive definitions of abuse or neglect, but it would alter how investigations are initiated and how accused parents or custodians are informed of their rights, potentially affecting agency practice, documentation, and interactions with families, attorneys, and law enforcement. The bill also creates a prospective-only application date for reports made on or after the effective date, preserving prior law for earlier reports.
Based on the bill text and the absence of recorded committee debate or votes, the overall sentiment appears to be supportive of strengthening due-process protections for parents and custodians subject to child welfare investigations. The bill’s sponsors frame it as a reform measure focused on notice, transparency, and legal rights. No contrary testimony or recorded opposition is provided in the available materials, so there is no documented committee-level controversy in the record supplied.
The main points of potential contention are the expanded rights notice and the practical limits it places on child welfare investigations. Supporters would likely view the bill as ensuring constitutional protections, access to counsel, and clearer information for accused persons. Critics, if any, could argue that requiring detailed notices about the right to refuse entry, interviews, testing, or safety plans may make investigations more difficult, slow emergency responses, or reduce cooperation in cases involving child safety. The bill also raises possible concerns about how the department will implement the notice requirements, verify compliance, and balance parental rights against child protection needs.