HB 4604 West Virginia House of Delegates · 2026 Regular Session

Relating to abuse and neglect cases

This bill (HB 4604) amends West Virginia law to clarify payment procedures for public defender panel attorneys handling abuse and neglect cases. It requires attorneys to submit detailed time and expense records via electronic vouchers within 90 business days of case completion, with payments processed within 45 days if approved. If payments are rejected or reduced, the bill establishes a 15-day appeal process to the appointing court, prohibiting the requirement of privileged client information during disputes. The changes directly affect public defender offices and appointed attorneys, streamlining payment accountability without altering case handling standards.

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2026

Committee Review

Floor Vote

Governor

Introduced Jan 20, 2026 Last action Feb 23, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version → Committee Substitute · 8 edits

MODERATE

This bill significantly increases compensation rates for public defenders and guardians ad litem in child abuse and neglect cases, adds a new 'assistant guardian ad litem' role, and streamlines voucher processing for abuse and neglect cases. It also clarifies when reasonable efforts to reunify families are not required and updates reporting requirements for foster care services.

Scope change

The bill expands the scope of compensation coverage to include interim payments for long-term cases and adds a new category of legal support staff (assistant guardians ad litem) to child welfare proceedings.

FISCAL

Increased hourly compensation rates for panel attorneys from $100 to $60 out-of-court and $80 in-court, and raised expense reimbursement caps for non-life-imprisonment cases from $2,500 to $4,500.

Established new minimum hourly rates for paralegals ($20 out-of-court) and assistant guardians ad litem ($40), and created a $1,000 cap for expungement-related legal services.

REQUIREMENT

Created a new role for 'assistant guardian ad litem' to assist in visits and reporting, requiring specific training before appointment.

Mandated annual reporting by Public Defender Services to legislative and judicial bodies regarding the legal services provided by guardians ad litem in abuse and neglect cases.

Added a new provision allowing interim payments to attorneys if a case extends beyond six months without prior payment.

TIMELINE

Changed the voucher payment timeline from 90 days to 90 days with interest accruing after the 91st day, and added a rule that unchallenged reductions are deemed accepted within 15 business days.

ENFORCEMENT

Added authority for the executive director to employ in-house counsel to represent Public Defender Services in hearings.

DEFINITION

Added specific definitions for 'Assistant guardian ad litem' and clarified the scope of 'imminent danger' to include various abuse scenarios.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 23, 2026

Committee

To House Finance

lower

Feb 23, 2026

Committee

By substitute, do pass, but first to Finance

lower

Feb 18, 2026

Committee

To House Courts

lower

Feb 17, 2026

Committee

To House Courts

lower

Jan 20, 2026

Committee

To House Judiciary

lower

Jan 20, 2026

Introduced

Introduced in House

lower

Jan 20, 2026

Committee

To Judiciary then Finance

lower

1 primary · 8 co-sponsors