Judiciary

HB 4106 would allow West Virginia residents aged 18 to 20 to carry concealed handguns without a license in specific lawful situations, such as on their own property, while traveling to or from a hunting site, or transporting a firearm to a repair shop. The bill repeals the current requirement for a license and the criminal penalty for carrying without one for this age group, while clarifying that minors under 18 who carry unlawfully may be treated as delinquents. It does not change the existing license requirement for residents aged 21 and older. This bill directly affects 18- to 20-year-olds by removing barriers to concealed carry in the specified scenarios.

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.

HB 4022 amends West Virginia law to establish how child protective services (CPS) workers are allocated and stationed across counties. It requires the state agency to base allocations on county population (using U.S. Census data), current referrals for child safety concerns, and average caseloads, effective July 1, 2024. The bill prevents allocations from dropping below the January 1, 2023, levels when all positions were filled, but allows adjustments for immediate needs like vacancies. It mandates an annual report to the Legislative Oversight Commission by July 1 each year, detailing all allocation changes lasting over three weeks and their justifications. This bill directly affects county CPS offices and the state agency managing child welfare staffing.

HB 4749 amends West Virginia's Foster Child Bill of Rights to ensure foster children aged 13 and older receive specific protections during court hearings affecting their care. The bill requires legal representatives (like guardians ad litem) to notify these children about upcoming hearings, ask if they wish to attend, and explain that the hearing might be distressing without discouraging attendance. It also mandates that the hearing outcome be explained to the child by their legal representative. These provisions directly affect foster youth in West Virginia aged 13+ involved in court proceedings related to their placement.

This bill creates a Central Abuse Registry in West Virginia to track individuals convicted of crimes involving child abuse, neglect of incapacitated adults, abuse of adults receiving behavioral health services, and property misappropriation by those providing care services. It also adds specific sex offenses to the registration requirements and clarifies that people convicted of certain past offenses must remain on the registry. The legislation establishes a single annual fee of $125 for individuals required to register under both the abuse registry and sex offender registry, simplifying compliance by requiring only one payment. Funds collected from these fees will be used first to support mental health services for current and former state police employees before being applied to general state police operations.