HB5214 S JUD AMT #1 3-11

Graham  4841

The Committee on the Judiciary moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. Com. Sub. for House Bill 5214—A Bill to amend and reenact §49-4-604 of the Code of West Virginia, 1931, as amended, relating to returning a child home under supervision of the Department of Human Services following a determination of abuse and neglect, requiring a parent, who has been adjudicated to have abused or neglected his or her child and whose abuse or improper use of controlled substances contributed to the situation that resulted in initial removal of the child or where there is credible evidence that the abuse or improper use of controlled substances is ongoing, to undergo drug testing, requiring testing for controlled substances suspected by the court or the department, requiring laboratory confirmation of positive results, requiring the department to pay reasonable and necessary costs of testing, prohibiting returning a child home for reunification if either parent residing in the home initially tests positive for a controlled substance for which he or she does not possess a valid and current prescription or medical marijuana card; requiring department to provide drug test results to the court, guardian ad litem and other interested parties where a parent has tested positive for a controlled substance, and requiring the court to schedule a hearing to address the potential impact of the positive result on the court’s dispositional order.

Adopted

Rejected