Relating to drug testing of parents who have had abuse and/or neglect claims substantiated against them prior to reunification.
HB 5214 requires parents who have been legally found to have abused or neglected their child to pass a lab-confirmed drug test before their child can return home from foster care. The test covers alcohol and specific drugs (including opioids, cocaine, and marijuana), and a positive result without a valid prescription or medical marijuana card blocks reunification. If a parent fails the initial test, the court must hold a hearing within 10 days. This policy directly affects parents seeking to reunify with children after substantiated abuse or neglect cases in West Virginia.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2026
Committee Review
Mar 2026
House of Delegates Passage
Mar 2026
Senate Passage
Mar 2026
Signed into Law
Aug 2026
Introduced Feb 5, 2026
Signed Aug 13, 2026
Maddy AI version diff · 8 comparisons
What changed between versions
hb5214 hfat akers 2-23 adopted.htm
→
hb5214 hfat mcgeehan 3-14 adopted.htm
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4 edits
MODERATE
The bill was amended to broaden the criteria for drug testing parents, explicitly including cases where there is credible evidence of ongoing substance abuse rather than just past adjudication. The new language clarifies that testing must cover any substance the court or department suspects, and it mandates that the Department of Human Services bear the costs of these tests. Additionally, the amendment strengthens protections for children by strictly prohibiting reunification if a parent tests positive for illegal substances or unapproved controlled substances.
Scope change
The scope of drug testing eligibility was expanded to include parents with credible evidence of ongoing substance abuse, and the financial responsibility for testing was shifted to the state department.
ELIGIBILITY
Expanded eligibility for drug testing to include parents where there is credible evidence that substance abuse is ongoing, in addition to those previously adjudicated for abuse or neglect.
REQUIREMENT
Added a requirement that drug testing must include laboratory confirmation for any positive result, which must be immediately shared with the court and guardians.
Clarified that a child cannot be returned home if a parent tests positive for illegal substances or controlled substances without a valid prescription or medical cannabis card.
FISCAL
Mandated that the Department of Human Services must pay for the reasonable and necessary costs of drug testing, regardless of whether the tests are confirmatory or medical in nature.
Floor votes · Senate Mar 13, 2026 · House of Delegates Feb 23, 2026
How they voted
33–0
Passed
Total votes 33
Mar 13, 2026
D
Democratic2
100% Yea
R
Republican31
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
48
Key actions
13
Committee
12
Apr 1, 2026
Signed into law
Approved by Governor 4/1/2026
lower
Mar 14, 2026
Signed into law
Approved by Governor 4/1/2026 - House Journal
lower
Mar 14, 2026
Signed into law
Approved by Governor 4/1/2026 - Senate Journal
upper
Mar 14, 2026
Upper · Passed
Senate concurred in House amendments and passed bill (Roll No. 693)
upper
Mar 14, 2026
Lower · Passed
House concurred in Senate amendment with amendment and title amendment (Roll No. 646)
lower
Mar 13, 2026
Upper · Passed
Judiciary com. title amendment adopted
upper
Mar 13, 2026
Upper · Passed
Passed Senate (Roll No. 562)
upper
Mar 13, 2026
Upper · Passed
HHR com. amendment adopted (Voice vote)
upper
Mar 12, 2026
Upper · Passed
Reported do pass, with title amend., and as amended by HHR
upper
Mar 11, 2026
Committee
On 2nd reading, rereferred to Judiciary
upper
Mar 11, 2026
Committee
Without recommendation, but first rereferred to Judiciary
upper
Mar 6, 2026
Committee
To Judiciary
upper
Mar 6, 2026
Upper · Passed
Reported do pass, with amendment, but first to Judiciary
upper
Feb 24, 2026
Committee
To Health and Human Resources
upper
Feb 24, 2026
Committee
To Health and Human Resources then Judiciary
upper
Feb 24, 2026
Introduced
Introduced in Senate
upper
Feb 23, 2026
Lower · Passed
Title amendment adopted (Voice vote)
lower
Feb 23, 2026
Lower · Passed
Passed House (Roll No. 167)
lower
Feb 18, 2026
Lower · Passed
By substitute, do pass
lower
Feb 12, 2026
Committee
To House Judiciary
lower
Feb 11, 2026
Committee
To House Courts
lower
Feb 5, 2026
Committee
To House Judiciary
lower
Feb 5, 2026
Introduced
Introduced in House
lower
Feb 5, 2026
Committee
To Judiciary
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Scot Heckert
RRepublican
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