HB 4603: Relating to the creation of the process of obtaining and adjudicating a pre-adjudicatory alternative disposition - West Virginia

hb4603 hfat akers 2-24 adopted.htm → hb4603 s jud am _1 3-10 adopted.htm · 7 edits

MODERATE

The bill was completely rewritten to establish a new legal process called 'pre-adjudicatory alternative diversion.' This allows parents in child abuse cases to agree to a guardianship for their child instead of facing a court finding of abuse or neglect. The new text defines who qualifies for public legal defense, sets strict rules for appointing guardians, and creates a specific path to seal (purge) the department's record of the substantiated allegation after the child turns 18, provided no new abuse occurs.

Scope change

The bill's scope expanded from a narrow amendment to a comprehensive restructure of child welfare and guardianship laws. It now applies to all cases where a parent seeks this specific diversion process, replacing the previous limited scope that only addressed specific procedural gaps.

DEFINITION

Added new definitions for 'eligible client,' 'eligible proceeding,' and 'public defender corporation' to formalize the public defense system.

REQUIREMENT

Created a new process allowing parents to file a motion for 'pre-adjudicatory alternative diversion' to avoid a formal finding of abuse if they agree to a guardianship.

Mandated that all parties involved in the diversion process, including the child, must have legal counsel appointed by the court.

Listed specific severe crimes (murder, sexual assault, torture) that would permanently disqualify a parent from using this diversion process.

ELIGIBILITY

Changed guardianship venue rules to require that petitions for guardianship under this new diversion process be filed in the same court handling the original abuse case.

TIMELINE

Established a timeline where the abuse/neglect case is dismissed once a guardian is appointed, but the underlying case remains open for the court to order continued services for the child.

ENFORCEMENT

Added a new mechanism allowing parents to petition to seal (purge) their department record after the child turns 18, provided no new substantiated allegations occur during that time.

hb4603 hfa burkhammer 2-23 _1 adopted.htm → hb4603 hfat akers 2-24 adopted.htm · 3 edits

MINOR

The bill was amended to replace a specific amendment by Delegate Burkhammer with a new amendment by Delegate Akers that completely rewrites the bill's title and scope, expanding the legislation to cover multiple new areas including adoption petitions, bonding exemptions, expungement processes, and pre-adjudicatory alternative diversion requirements.

Scope change

The bill's scope was significantly expanded from a single provision about adoption petitions to a comprehensive bill covering multiple aspects of guardianship, adoption, expungement, and child abuse diversion proceedings.

REQUIREMENT

Removed Delegate Burkhammer's amendment that would have struck subsection (p) regarding adoption petitions filed two years after guardianship appointment.

SCOPE

Added new title expanding the bill to cover adoption petitions, bonding exemptions, expungement processes, pre-adjudicatory alternative diversion creation, and department/guardian ad litem requirements.

TIMELINE

Changed the amendment approach from targeting a specific subsection to rewriting the entire bill title and scope.

Committee Substitute → hb4603 hfa burkhammer 2-23 _1 adopted.htm · 3 edits

MINOR

The bill was amended to add a new provision allowing guardians appointed in child abuse and neglect cases to file adoption petitions two years after the guardianship order is entered. This change clarifies the timeline and process for guardians seeking to adopt children they have been appointed to care for.

Scope change

The bill's scope was expanded to include a specific adoption pathway for guardians appointed under pre-adjudicatory alternative diversion proceedings.

TIMELINE

Added a two-year waiting period requirement before a guardian can file a petition for adoption in the circuit court.

REQUIREMENT

Established that adoption petitions must be filed in the circuit court that has jurisdiction over the original child abuse and neglect proceeding.

SCOPE

Replaced a previous restriction on guardianship petitions with a new provision specifically addressing adoption petitions by guardians.

Engrossed Committee Substitute → Committee Substitute · 5 edits

MODERATE

This bill modifies West Virginia's pre-adjudicatory alternative diversion process for child abuse and neglect cases, creating a new legal pathway that allows parents to avoid formal abuse/neglect findings while still having their children placed in guardianship. The changes clarify adoption eligibility timelines, adjust burden of proof standards for guardianship termination, and update expungement procedures for substantiated allegations that result in diversion.

Scope change

The bill expands the legal framework for pre-adjudicatory alternative diversion by adding new procedural requirements and clarifying existing provisions related to guardianship, adoption, and record sealing for cases where children are removed from homes without formal abuse findings.

REQUIREMENT

Added new provisions allowing guardians appointed under pre-adjudicatory alternative diversion to file adoption petitions two years after the guardianship order, with specific requirements including parental consent, Department of Human Services consent, and guardian ad litem reports.

Changed the burden of proof for terminating guardianships in pre-adjudicatory alternative diversion cases from preponderance of evidence to clear and convincing evidence when filed by parents.

TIMELINE

Modified the timeline for filing adoption petitions from a general two-year wait to a specific two-year period measured from the entry of the guardianship order, with court findings required to demonstrate adoption serves the child's best interest.

ENFORCEMENT

Updated expungement procedures for substantiated abuse allegations that result in pre-adjudicatory alternative diversion, clarifying when and how records can be sealed after the child turns 18.

TECHNICAL

Made minor formatting and capitalization changes throughout the document, including standardizing section headers and adjusting some punctuation and capitalization in legal provisions.

Introduced Version → Engrossed Committee Substitute · 7 edits · Feb 24, 2026

MODERATE

This bill revision changes the terminology from 'pre-adjudicatory alternative disposition' to 'pre-adjudicatory alternative diversion' and expands the legal framework to include guardianship proceedings as eligible proceedings for legal representation. The changes clarify jurisdictional procedures, add adoption petition options after two years of guardianship, and modify expungement timelines for substantiated abuse allegations when diversion is granted.

Scope change

The bill now explicitly includes guardianship proceedings under pre-adjudicatory alternative diversion as an eligible proceeding for legal representation, and adds provisions allowing adoption petitions after two years of guardianship.

DEFINITION

Changed terminology from 'pre-adjudicatory alternative disposition' to 'pre-adjudicatory alternative diversion' throughout the bill text.

ELIGIBILITY

Added guardianship proceedings as an eligible proceeding for legal representation under the public defender system.

REQUIREMENT

Added provision allowing guardians to file adoption petitions two years after guardianship order entry, with specific consent requirements.

Added requirement that parents must stipulate to factual basis of abuse/neglect allegations when seeking pre-adjudicatory alternative diversion.

Added specific list of circumstances where pre-adjudicatory alternative diversion is not available, including aggravated abuse, murder, and sexual assault.

TIMELINE

Modified expungement timeline for substantiated abuse cases involving diversion to require waiting until child turns 18 plus five years, with additional jurisdictional provisions.

ENFORCEMENT

Modified hearing procedures to require circuit judge presiding over underlying abuse/neglect proceeding to schedule hearings and receive guardian ad litem reports.

Relating to the creation of the process of obtaining and adjudicating a pre-adjudicatory alternative disposition

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