West Virginia HB5214: Relating to drug testing of parents who have had abuse and/or neglect claims substantiated against them prior to reunification.

What the bill says

An act to amend and reenact §49-4-604 of the Code of West Virginia, 1931, as amended, relating to returning a child home under supervision of the Department of Human Services following a determination of abuse and neglect, requiring a parent, who has been adjudicated to have abused or neglected his or her child and whose abuse or improper use of controlled substances contributed to the situation that resulted in initial removal of the child or where there is credible evidence that the abuse or improper use of controlled substances is ongoing, to undergo drug testing, requiring testing for cont.

From the enrolled text, March 14, 2026:

AN ACT to amend and reenact §49-4-604 of the Code of West Virginia, 1931, as amended, relating to returning a child home under supervision of the Department of Human Services following a determination of abuse and neglect, requiring a parent, who has been adjudicated to have abused or neglected his or her child and whose abuse or improper use of controlled substances contributed to the situation that resulted in initial removal of the child or where there is credible evidence that the abuse or improper use of controlled substances is ongoing, to undergo drug testing, requiring testing for controlled substances suspected by the court or the department, requiring laboratory confirmation of positive results, prohibiting returning a child home for reunification if either parent residing in the home initially tests positive for an illegal substance or a controlled substance for which he or she does not possess a valid and current prescription or medical cannabis card; requiring department to provide drug test results to the court, guardian ad litem and other interested parties where a parent has tested positive for a controlled substance, and requiring the court to schedule a hearing to address the potential impact of the positive result on the court's dispositional order; providing that the drug testing required by this subdivision shall include laboratory confirmation of any positive …

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