The Family Justice Restoration and Due Process Act of 2026

HB 5208 establishes the "Child Protective Services Due Process and Child Protection Act" in West Virginia, directly affecting parents and children involved in child abuse and neglect cases investigated by Child Protective Services (CPS). The bill requires all CPS testimony to be sworn under oath, prohibits removing children without a court order (except for immediate physical danger), and mandates higher evidence standards: probable cause for emergency removals, clear and convincing evidence for custody decisions, and proof beyond a reasonable doubt for termination of parental rights. It also bans poverty-based removals, guarantees parents legal counsel upon any removal, and requires CPS to provide quarterly public reports on their activities. The law takes effect July 1, 2027.