SB 887 West Virginia Senate · 2025 Regular Session

Creating intermediate conservatorship or guardianship process prior to individual being involuntarily committed

SB 887 creates a new temporary legal oversight process for individuals in voluntary mental health treatment who wish to leave a facility but are assessed as gravely disabled (unable to meet basic needs due to mental illness or addiction) and pose imminent risk to themselves or others. If a facility determines this, it can file a court petition within 24 hours, triggering a 72-hour court review to authorize a temporary conservatorship or guardianship (max 14 days) without counting as involuntary commitment. During this period, the facility may detain the individual and provide treatment per a proposed plan, with a full hearing required within 10 days to determine extended care. The bill ensures coordination with existing involuntary commitment procedures and allows facilities to use less restrictive alternatives before seeking this temporary measure. It directly affects voluntary mental health patients, facilities, and courts in West Virginia.
Bill status in committee 1 of 4 stages cleared
Introduction
Mar 2025
Committee Review
Floor Vote
Governor
Introduced Mar 24, 2025 Last action Mar 25, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version Committee Substitute · 5 edits
MODERATE
The bill was revised from an 'Introduced Version' to a 'Committee Substitute' version, incorporating substantive changes to the conservatorship process for patients attempting to leave voluntary treatment. The committee version adds a new definition for 'Family member' and 'Less restrictive alternatives,' expands the petition requirements to include the specific time and date of notification, and changes the rulemaking authority from the Department of Health Facilities to the Department of Human Services.
Scope change
The scope of the bill remains focused on creating an intermediate conservatorship process for patients receiving voluntary treatment who attempt to terminate care, but the procedural requirements and administrative oversight have been modified.
DEFINITION

Added new definitions for 'Family member' (parent, sibling, spouse, or relative) and 'Less restrictive alternatives' (explaining medical risks and checking durable power of attorney).

REQUIREMENT

Expanded petition requirements to include the specific time and date the individual notified the facility of their intent to leave.

Modified the hearing timeline to specify it occurs within 10 days of the court's decision on the temporary order, rather than from the petition's filing.

ENFORCEMENT

Changed the rulemaking authority from the Secretary of the Department of Health Facilities to the Secretary of the Department of Human Services.

TIMELINE

Clarified that the 72-hour detention period does not count as involuntary commitment under specific sections of the code (§27-5-2 or §27-5-2a).

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
6
Key actions
1
Committee
4
Mar 25, 2025
Committee
To Judiciary
upper
Mar 25, 2025
Upper · Passed
Committee substitute reported, but first to Judiciary
upper
Mar 24, 2025
Committee
To Health and Human Resources
upper
Mar 24, 2025
Introduced
Introduced in Senate
upper
Mar 24, 2025
Committee
To Health and Human Resources then Judiciary
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Laura Chapman
Laura Chapman
RRepublican
WV
1