West Virginia House Bill HB5498

West Virginia 2026 Regular Session

• Introduced: 2/13/26
• Refer: 2/13/26

Caption

Relating to liability protection of a multidisciplinary team member.

Summary

HB5498 amends West Virginia law governing county multidisciplinary investigative teams that handle child abuse, neglect, and related fatality investigations. The bill keeps the existing structure of these teams—led by the county prosecuting attorney and including child protective services, law enforcement, child advocacy, health, mental health, education, and domestic violence representatives—but makes a targeted change to the liability language for team members. The measure clarifies that members of a multidisciplinary investigative team are not personally liable for actions taken while participating in the child abuse investigation process or for services provided as part of that process. It also preserves liability for conduct involving gross negligence, willful and wanton misconduct, or intentional misconduct. The bill does not change the team’s investigative duties, confidentiality rules, or reporting obligations, but it reinforces the legal protections available to participants in these child welfare investigations.

Impact

The bill would amend and reenact West Virginia Code §49-4-402, which governs multidisciplinary investigative teams in child abuse and neglect cases. Its practical effect is to strengthen statutory immunity for team members while expressly carving out exceptions for serious misconduct. This affects prosecutors, child protective services workers, law enforcement officers, child advocacy center staff, health and mental health professionals, educators, and domestic violence program representatives who serve on these teams, as well as counties that rely on the teams to coordinate child abuse investigations.

Sentiment

The available bill materials suggest a generally supportive and noncontroversial purpose: clarifying liability protection for people serving on multidisciplinary teams. The bill’s note states that its purpose is to clarify liability, and there is no recorded committee debate or vote history in the provided materials indicating opposition or amendment concerns. Overall, the measure appears framed as a technical and protective update rather than a substantive policy shift.

Contention

The main point of potential contention is the scope of immunity for multidisciplinary team members. Supporters would likely view the bill as necessary to protect professionals who participate in sensitive child abuse investigations from personal exposure to lawsuits, thereby encouraging cooperation and candid participation. Any concern would likely focus on ensuring that the immunity does not shield negligent or abusive conduct; the bill addresses that by expressly preserving liability for gross negligence, willful and wanton misconduct, and intentional misconduct. No specific opposing viewpoints are documented in the provided transcripts or voting history.