WeVote
Log In

Bill

Bill

HB 2042

Relating to allowing a guardian ad litem to request the appointment of a court appointed special advocate

2025 Regular Session Introduced by Adam Burkhammer and 3 co-sponsors

House Bill 2042 allows guardians ad litem and attorneys to request court-appointed special advocates for children in neglect or abuse cases, enhancing their support and representation.

Chapter 49, Acts, Regular Session, 2025
#health
0
WeVote Research Nonpartisan
Bill Summary · HB 2042

Summary of House Bill 2042

Bill Number: HB 2042
Title: Relating to allowing a guardian ad litem to request the appointment of a court-appointed special advocate
Status: Chapter 49, Acts, Regular Session, 2025
Introduced: February 12, 2025
Classification: Bill
Subject: Health

Purpose and Intent

House Bill 2042 aims to enhance the legal framework surrounding child neglect and abuse cases in West Virginia. The bill specifically allows a guardian ad litem, along with a prosecuting attorney or a respondent parent, to request the appointment of a court-appointed special advocate (CASA) in circuit courts that are serviced by such advocates. This change is intended to improve the representation and support available to children involved in legal proceedings related to neglect or abuse.

Key Provisions

  • Amendment to §49-4-601: The bill amends the existing statute to explicitly permit guardians ad litem, prosecuting attorneys, and respondent parents to request the appointment of a CASA.
  • Eligibility for CASA Appointment: The request for a CASA can only be made if the circuit court in question is already serviced by a CASA program.
  • Procedural Enhancements: The bill retains existing procedural requirements for filing petitions in cases of child neglect or abuse, ensuring that the rights of all parties involved, including children and parents, are upheld throughout the legal process.

Impact

  • Children in Legal Proceedings: The primary beneficiaries of this bill are children involved in neglect or abuse cases, as the appointment of a CASA can provide them with additional advocacy and support.
  • Legal Representatives: The bill also impacts legal representatives, including guardians ad litem and attorneys for parents, by providing them with a mechanism to enhance the advocacy available to their clients.
  • Judicial System: The bill aims to streamline the process in child welfare cases, potentially leading to more timely and informed decisions by the courts.

Procedural Timeline

  • Introduced: February 12, 2025
  • Reported by Judiciary Committee: February 20, 2025
  • Passed by House: February 25, 2025
  • Passed by Senate: April 7, 2025
  • Approved by Governor: April 25, 2025
  • Effective Date: The bill became law as Chapter 49 on July 31, 2025.

Conclusion

House Bill 2042 represents a significant step in improving the legal processes surrounding child welfare cases in West Virginia. By allowing guardians ad litem and other legal representatives to request the appointment of court-appointed special advocates, the bill aims to enhance the support and advocacy available to children facing neglect or abuse, ultimately fostering a more effective judicial response to these critical issues.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.