West Virginia legislation · 2026 Regular Session
West Virginia HB4749: Relating to adding requirements to the foster child bill of rights
Status: Signed into law, March 13, 2026
What the bill says
An act to amend and reenact §49-2-126 of the Code of West Virginia, 1931, as amended, relating to adding three additional rights that foster children and children in a kinship placement have in the foster child bill of rights including the right to have timely notice of a hearing that may have legal implications for a child over 13, the right to attend a hearing that may have legal implications for a child over the age of 13, and the right to have the outcome of any hearing that has legal implications for the child explained to them by their guardian ad litem or legal counsel. Article 2. State.
From the enrolled text, March 5, 2026:
AN ACT to amend and reenact §49-2-126 of the Code of West Virginia, 1931, as amended, relating to adding three additional rights that foster children and children in a kinship placement have in the foster child bill of rights including the right to have timely notice of a hearing that may have legal implications for a child over 13, the right to attend a hearing that may have legal implications for a child over the age of 13, and the right to have the outcome of any hearing that has legal implications for the child explained to them by their guardian ad litem or legal counsel. Article 2. State Responsibilities for Children. §49-2-126. The Foster Child Bill of Rights. (a) Foster children and children in a kinship placement are active and participating members of the child welfare system and have the following (2) The right to be free from physical, sexual, or psychological abuse or exploitation including being free from unwarranted physical restraint and isolation; (3) The right to receive adequate and healthy food, appropriate and seasonally necessary clothing, and an appropriate travel bag; (4) The right to receive medical, dental, and vision care, mental health services, and substance use treatment services, as needed; (5) The right to be placed in a kinship placement, when such placement meets the objectives …