FISCAL NOTE
Date Requested: January 14, 2026
Time Requested: 04:50 PM |
| Agency: |
Human Services, WV Department of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1516 |
Introduced |
HB4044 |
|
|---|
| CBD Subject: |
Crime; Juveniles |
|---|
|
FUND(S):
0489 - BSS Foster Care
Sources of Revenue:
General Fund
Legislation creates:
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
The purpose of this bill is to enhance and improve child well-being by requiring a hair follicle drug test of a substantiated child abuser before restoring visitation rights.
The bill indicates that children 12 months or younger may be ordered a neurological examination whose birth mother's 12-panel hair follicle drug test indicates usage of a controlled substance over the prior 90 days.
The Department anticipates a fiscal impact of $948,409 in FY2027 and ongoing, should this legislation pass.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2026
Increase/Decrease
(use"-") |
2027
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
948,409 |
948,409 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
0 |
948,409 |
948,409 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
For calendar year 2025 there were 4,144 child removals due to substance use. If we assume that there are 2 parent respondents in 80% of the those petitions then 6,630 individuals may need to receive a 12 panel hair follicle drug test.
The Medicaid rate for initial (presumptive) 12 panel follicle screening is $55.93, if they test positive a definitive screening is done at $140.93. Utilizing the definitive screening test for estimates at $140.93 x 6,630 individuals would cost $934,366 annually.
Additionally the Department estimates there were approximately 90 drug affected infants during 2025 calendar year. The average cost for a pediatric neurological evaluation is $156.03 x 90 infants for a total cost of $14,043 annually.
Drug testing $934,366 plus evaluations $14,043 equals $948,409.
Memorandum
The Department is currently court ordered to provide other forms of drug testing, including urine, mouth swab, instant tests, etc. The bill is not clear if the hair follicle testing will replace other forms of drug testing or will the Department possibly be ordered to provide multiple types of drug testing of respondents in these type of court proceedings.
The additional request for neurological testing for infants can be done now without the results of a hair follicle. Babies born drug affected are going to test positive at birth or exhibit withdrawals. Sometimes infants do not have withdrawal or test positive, but mom might have admitted to taking some other substances at times during her pregnancy. In those instances the infants are considered drug exposed, since they were exposed in utero. The same request for a neurological exam can apply to those infants without a hair follicle test on the mother.
Person submitting Fiscal Note: Alex J. Mayer, MSA, PMP, DoHS Cabinet Secretary
Email Address: osafiscalnotes@wv.gov