West VirginiaCourts may require drug tests before returning children home
In certain abuse-and-neglect cases, courts may require parents to pass drug tests before children return home, with the department paying testing costs.
What it does
A court may require parents in certain abuse-and-neglect cases to pass a drug test before a child returns home under department supervision.
When a parent living with a returned child initially tests positive, the department must quickly notify the court and parties while confirmation is pending.
Required testing must confirm positive results in a laboratory, and the department must pay the reasonable costs and share confirmed positives immediately.
Argument forFast notice and laboratory confirmation could help courts make more informed decisions about a child's safe return home.
Argument againstTesting, positive-result notices, and possible hearings could delay or complicate reunification while families await confirmation and court action.
More detail
A court may require a parent to take and pass a drug test before returning a child home under department supervision. This applies when a parent was found to have abused or neglected the child and controlled-substance use contributed to the child's removal, or when credible evidence suggests the parent may still be using controlled substances. The test may cover controlled substances reasonably suspected by the court or the Department of Human Services. The parent must successfully pass the test before the child is returned under this provision. The testing must occur before the child is returned home under department supervision; the printed act says it takes effect 90 days after passage, on June 12, 2026.
The department must immediately notify the court, the guardian ad litem, and all parties when a parent initially tests positive. This covers either parent living in the home where the child has been returned when the result involves a suspected illegal substance, a substance ordered for testing, or a substance previously detected without a current prescription or medical cannabis card. The notice is made while laboratory confirmation is still pending. After notice of an initial positive result, the court may tentatively schedule a hearing about the possible effect of later confirmation on its disposition order. The department must give notice immediately after receiving the initial positive test result.
The department must obtain laboratory confirmation of every positive result and must pay the reasonable, necessary testing costs. These rules apply to drug testing required under the child-return provision, including confirmatory and medical testing. The department must provide each confirmed positive result to the court, guardian ad litem, and all parties upon receipt. The department bears the costs even when testing is confirmatory or medical in nature. The confirmed result must be provided immediately after the department receives it.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Aug 13Chapter 72, Acts, Regular Session, 2026Latest
- Apr 1Approved by Governor Patrick Morrisey 4/1/2026Major
- Mar 25To Governor 3/25/26To Governor
- Mar 14Approved by Governor Patrick Morrisey 4/1/2026 - House JournalMajor
- Vote recorded PASSAGE-SENATE AMENDED HB. Result: pass.Lower
- Vote recorded Senate concurred in House amendments and passed bill. Result: pass.Upper
- Mar 14Approved by Governor Patrick Morrisey 4/1/2026 - Senate JournalBecame Law
- Mar 14To Governor 3/25/2026 - Senate JournalMinor
- Mar 14Completed legislative action
- Mar 14Communicated to House
- Mar 14Senate concurred in House amendments and passed bill (Roll No. 693)
- Mar 14House Message received
- Mar 14Communicated to Senate
- Mar 14House concurred in Senate amendment with amendment and title amendment (Roll No. 646)
- Mar 14House received Senate message
- Mar 13Senate requests House to concur
- Vote recorded Passage. Result: pass.Upper
- Mar 13Judiciary com. title amendment adopted
- Mar 13Passed Senate (Roll No. 562)Passed Senate
- Mar 13HHR com. amendment adopted (Voice vote)
- Mar 13Read 3rd timeMinor
- Mar 13On 3rd reading with right to amend
- Mar 12Read 2nd timeMinor
- Mar 12Immediate consideration
- Mar 12Reported do pass, with title amend., and as amended by HHRMinor
- Mar 11On 2nd reading, rereferred to JudiciaryMinor
- Mar 11Read 1st timeMinor
- Mar 11Immediate consideration
- Mar 11Without recommendation, but first rereferred to JudiciaryMinor
- Mar 6To JudiciaryMinor
- Mar 6Reported do pass, with amendment, but first to JudiciaryMinor
- Feb 24To Health and Human ResourcesMinor
- Feb 24To Health and Human Resources then JudiciaryMinor
- Feb 24Introduced in SenateMinor
- Feb 23Communicated to Senate
- Vote recorded PASSAGE. Result: pass.Lower
- Feb 23Title amendment adopted (Voice vote)
- Feb 23Passed House (Roll No. 167)Passed House
- Feb 23Read 3rd timeMinor
- Feb 23On 3rd reading, Special Calendar
- Feb 20Read 2nd timeMinor
- Feb 20On 2nd reading, Special Calendar
- Feb 19Read 1st timeMinor
- Feb 19On 1st reading, Special Calendar
- Feb 18By substitute, do pass
- Feb 13Markup Discussion
- Feb 12To House JudiciaryMinor
- Feb 11To House CourtsMinor
- Feb 5To House JudiciaryMinor
- Feb 5Introduced in HouseMinor
- Feb 5To JudiciaryMinor
- Feb 5Filed for introductionIntroduced
Public SafetyGovernment & EthicsMental Health