HB 5042 West Virginia House of Delegates · 2026 Regular Session

Prohibit a child in the custody of the state from placement in facility not approved by Department of Human Services

HB 5042 prohibits placing children under state custody (such as in foster care or juvenile justice) in facilities not approved by West Virginia's Department of Human Services (DHS). The bill requires DHS to maintain and annually update a public list of approved out-of-state facilities, including each facility's location and specialty (e.g., mental health care). Exceptions for unapproved facilities are only permitted in "extraordinary circumstances" with DHS Secretary approval. This law directly affects state child welfare systems, DHS oversight, and facilities seeking to house children in state care.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 2, 2026 Last action Feb 2, 2026
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Full legislative history

Actions timeline

Total actions
4
Key actions
0
Committee
2
Feb 2, 2026
Committee
To House Health and Human Resources
lower
Feb 2, 2026
Introduced
Introduced in House
lower
Feb 2, 2026
Committee
To Health and Human Resources
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Adam Burkhammer
Adam Burkhammer
RRepublican
WV
64