SB 540 West Virginia Senate · 2026 Regular Session

Relating to audio recording during CPS investigation

SB 540 requires Child Protective Services (CPS) workers in West Virginia to wear body-worn cameras during investigations of child abuse or neglect, but only after obtaining consent from the person being investigated in private settings where privacy is expected. CPS workers may skip using the camera if it would compromise a child's privacy or hinder the investigation, but they must document the reason in the case file. All audio and video recordings must be kept confidential, stored until all appeals are resolved, and treated as part of the official child welfare record, not subject to public disclosure. This bill directly affects CPS workers and individuals involved in child welfare investigations.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House of Delegates Passage
Governor
Introduced Jan 20, 2026 Last action Mar 5, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version Committee Substitute · 6 edits
MODERATE
The bill was revised from requiring body-worn video cameras to mandating audio recording devices for Child Protective Services investigations. This change shifts the focus from visual documentation to ensuring an accurate audio record of interviews with children and parents, while explicitly allowing parents to record the interview themselves. The new version also clarifies that these recordings remain confidential and are not affected by existing procedural rules.
Scope change
The bill's scope changed from a visual recording requirement to an audio recording requirement, altering the primary method of evidence collection for CPS investigations.
REQUIREMENT

Replaced the requirement for body-worn video cameras with a requirement for audio recording devices during investigative interviews.

Added a specific provision allowing parents or guardians to simultaneously audio record the interview on their own devices.

Mandated that workers must identify themselves, the date, and the interviewee at the start of any audio recording.

Established a new rule that audio recordings must be provided to legal counsel before the preliminary hearing if a child is removed from the home.

Eliminated the specific exemption clause that previously allowed workers to refrain from using cameras if they compromised privacy or impeded the investigation.

DEFINITION

Updated the bill title and summary to reflect the shift from 'body-worn cameras' to 'audio recording' and 'investigative interviews'.

Floor votes · Senate Mar 4, 2026

How they voted

320
Passed · 1 other
Total votes 33
Mar 4, 2026
D Democratic2
2 Yea
100% Yea
R Republican31
30 Yea 1
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
19
Key actions
2
Committee
7
Mar 5, 2026
Committee
To House Judiciary
lower
Mar 5, 2026
Committee
To Judiciary
lower
Mar 5, 2026
Introduced
Introduced in House
lower
Mar 4, 2026
Upper · Passed
Passed Senate (Roll No. 327)
upper
Mar 2, 2026
Upper · Passed
Reported do pass
upper
Feb 24, 2026
Committee
To Finance
upper
Feb 24, 2026
Committee
Committee substitute reported, but first to Finance
upper
Jan 20, 2026
Committee
To Judiciary
upper
Jan 20, 2026
Introduced
Introduced in Senate
upper
Jan 20, 2026
Committee
To Judiciary then Finance
upper
1 primary · 9 co-sponsors

Sponsors