West Virginia SB540: Relating to audio recording during CPS investigation

What the bill says

To amend and reenact §49-2-802 of the Code of West Virginia, 1931, as amended, relating to audio recording during a Child Protective Services investigation; requiring Child Protective Services workers conducting investigations to receive audio recording devices; requiring workers to record investigative interviews with children and parents or guardians; permitting simultaneous audio recording by parents or guardians; and providing for audio file distribution, confidentiality, and preservation. ARTICLE 2. STATE RESPONSIBILITIES FOR CHILDREN. §49-2-802. Establishment of child protective s.

From the engrossed text, February 23, 2026:

A BILL to amend and reenact §49-2-802 of the Code of West Virginia, 1931, as amended, relating to audio recording during a Child Protective Services investigation; requiring Child Protective Services workers conducting investigations to receive audio recording devices; requiring workers to record investigative interviews with children and parents or guardians; permitting simultaneous audio recording by parents or guardians; and providing for audio file distribution, confidentiality, and preservation. ARTICLE 2. STATE RESPONSIBILITIES FOR CHILDREN. §49-2-802. Establishment of child protective services; general duties and powers; administrative procedure; immunity from civil liability; cooperation of other state agencies. (a) The department shall establish or designate in every county a local child protective services office to perform the duties and functions set forth in this article. (b) The local child protective services office shall investigate all reports of child abuse or neglect. Under no circumstances may investigating personnel be relatives of the accused, the child, or the families involved. In accordance with the local plan for child protective services, it shall provide protective services to prevent further abuse or neglect of children and provide for or arrange for and coordinate and monitor the provision of those services necessary to ensure the safety of children. The local child protective services office shall be organized to maximize the continuity of responsibility, care, and service of individual workers …

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