HB 5400 West Virginia House of Delegates · 2026 Regular Session

Relating generally to punishment for child neglect resulting in death.

HB 5400 increases criminal penalties for child neglect resulting in death in West Virginia. It raises the minimum prison sentence from 3 to 10 years for offenders convicted of causing a child's death through neglect when both a fine and imprisonment are imposed. The bill also clarifies that religious healing methods meeting IRS criteria for medical expenses do not count as neglect (but this exception does not apply to professionals like teachers or doctors responsible for a child's health). Additionally, it specifies that interfering with court-ordered medical treatment is considered neglect under this law. The bill directly affects parents, guardians, custodians, and others in positions of trust responsible for a child's well-being.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 10, 2026 Last action Feb 10, 2026
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Total actions
4
Key actions
0
Committee
2
Feb 10, 2026
Committee
To House Judiciary
lower
Feb 10, 2026
Introduced
Introduced in House
lower
Feb 10, 2026
Committee
To Judiciary
lower
1 primary · 6 co-sponsors

Sponsors