HB 3167: To require hair follicle drug testing of parents or guardians in cases of substantiated child abuse or neglect of a minor - West Virginia

hb3167 hfa williams 3-28 adopted.htm → hb3167 hfat akers 3-31 adopted.htm · 5 edits

MODERATE

The bill was amended to replace Delegate Williams' proposed addition of a hair follicle drug test rebuttal option with Delegate Akers' comprehensive amendment that rewrites the bill's title and scope. The new version expands the bill's language to include multiple provisions about drug testing, neurological evaluations for infants, and reporting procedures, while the original amendment only added a single rebuttal mechanism for drug allegations.

Scope change

The bill's scope was significantly expanded from a single rebuttal provision to include neurological evaluations for children under two months, multidisciplinary team reporting, and consequences for attempting to alter hair to evade drug detection.

SCOPE

The bill title was completely rewritten to reflect a broader scope including neurological evaluations, multidisciplinary team reporting, and consequences for tampering with hair samples, rather than just allowing drug test rebuttals.

REQUIREMENT

New requirement added allowing circuit courts to order pediatric neurological evaluations for children under two months of age in certain circumstances.

New provision allowing 12-panel hair follicle drug test results to be reported to multidisciplinary treatment teams, subject to circuit court limitations.

ENFORCEMENT

New provision establishing that attempting to alter hair to evade drug detection or refusing to take the test will be considered a positive drug test result.

ELIGIBILITY

The specific rebuttal provision allowing respondents to submit to hair follicle testing after an allegation but before filing a petition was removed from the bill's language.

Committee Substitute → hb3167 hfa williams 3-28 adopted.htm · 1 edit

MINOR

The bill adds a new subsection (f) that allows a respondent to rebut a positive drug result before a petition is filed by submitting to a 12-panel hair follicle drug test. This change shifts the timing of drug testing from after petition filing to before, giving respondents an earlier opportunity to clear their name.

Scope change

The bill now permits drug testing and rebuttal of drug allegations prior to the formal filing of a child abuse and neglect petition, expanding when testing can occur in the legal process.

TIMELINE

New subsection (f) allows respondents to submit to drug testing before a petition is filed to rebut positive drug allegations.

Engrossed Committee Substitute → Committee Substitute · 3 edits

MINOR

The bill text was reformatted from a legislative document structure to a plain text version, with minor wording adjustments and the addition of a note explaining the bill's purpose. The substantive legal provisions regarding drug testing procedures remain unchanged.

TECHNICAL

Removed original legislative header formatting and replaced with plain text version of the bill content

Added explanatory note stating the bill's purpose is to enhance child well-being by requiring drug testing before restoring visitation rights

Minor formatting changes including removal of line numbers and adjustment of paragraph spacing

Introduced Version → Engrossed Committee Substitute · 5 edits · Mar 31, 2025

MODERATE

The bill was significantly rewritten from an Introduced Version to an Engrossed Committee Substitute version. The original version required hair follicle drug testing for substantiated child abusers before restoring unsupervised visitation, while the new version expands the scope to allow courts to order testing at any point after a petition is filed, not just before visitation restoration. The new version also clarifies the age threshold for pediatric neurological evaluations (two months or younger instead of 12 months) and adds specific definitions of hair alteration attempts. The bill number and section references were also updated to reflect the new legislative structure.

Scope change

The bill's scope was expanded from requiring hair follicle testing only before restoring unsupervised visitation to allowing courts to order testing at any point after a petition is filed alleging child abuse or neglect.

REQUIREMENT

Hair follicle drug testing can now be ordered by a circuit court at any point after a petition is filed, rather than only before restoring unsupervised visitation rights.

The age threshold for ordering a pediatric neurological examination was reduced from 12 months to two months of age.

DEFINITION

New subsections were added to specifically define what constitutes an attempt to alter hair to evade drug detection, including shaving, coloring, bleaching, electrolysis, and chemical hair removal.

ENFORCEMENT

Failure to comply with a court-ordered hair follicle drug test is now explicitly considered a positive test result.

TECHNICAL

The bill's section designation was changed from Articles 49-2-1 through 49-2-3 to a single section 49-4-611, and the sponsor list was updated to remove Delegate Kump.

To require hair follicle drug testing of parents or guardians in cases of substantiated child abuse or neglect of a minor

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