Bill
HB 5443
The bill raises compensation for panel attorneys, paralegals, and AGALs and requires annual reporting on GAL/AGAL activity to improve CAN representation and planning.
HB 5443 (West Virginia, 2026 Session)
Summary of the bill relating to reimbursement for panel attorneys and guardian ad litems, plus related child welfare reforms
Overview
- Purpose: Amend multiple provisions to increase compensation for legal counsel and other professionals in Public Defender Services (PDS) appointed cases, improve reporting, expand definitions and procedural rules in child abuse and neglect (CAN) proceedings, authorize additional roles (assistant guardians ad litem), and adjust where reasonable efforts to preserve the family apply. The bill also requires annual reporting on guardians ad litem (GAL) and assistant GAL activity starting December 1, 2026.
Key Provisions
1) Compensation and expenses for panel attorneys and related professionals (WV Code §29-21-13a; related sections)
- Recordkeeping:
- Panel attorneys must maintain detailed time/expense records in tenths of hours, without providing actual start/finish times.
- Vouchers and payment timelines:
- After case completion (exclusive of appeals), panel attorneys file vouchers; PDS acknowledges electronically. Claims must follow executive director guidelines.
- Typical processing: payment within 45 business days after voucher submission if correct.
- Rejection and resubmission procedures are specified, with timelines for notice, records submission, court certification, and potential court review.
- Extensions: vouchers submitted >90 business days after last service date may be rejected unless the appointing court grants an extension.
- Reductions:
- If PD services reduce a claimed amount, the attorney gets notice with reasons; options to accept, contest, or proceed with reduced amount. Contested reductions follow a court review process.
- Use of in-house counsel:
- The executive director may employ in-house counsel for hearings.
- Interim payments:
- Direct billing of certain litigation expenses before case completion is allowed.
- Interim compensation:
- If six months elapse with ongoing representation and no prior payment, interim payments may be authorized; total amounts cannot exceed statutory caps when combined with final payments.
- Rates (post-effective date of article):
- Out-of-court attorney work: $60/hour (travel, interviews, pleadings, etc.).
- In-court attorney work: $80/hour.
- All legal services by a panel attorney: at least $100/hour (published annually by June 15 for next fiscal year).
- Paralegals:
- Out-of-court paralegal work: at least $20/hour; in-court paralegal work requires prior circuit court approval.
- Publication of next-year paralegal rate by June 15.
- Assistant guardian ad litem (AGAL):
- At least $40/hour; annual rate publication by June 15.
- Fee caps:
- For felonies with life imprisonment potential: court may set the cap (no fixed standard cap, court discretion).
- For all other eligible CAN proceedings: maximum $6,000 (previously $4,500) unless good cause shown and court approves more.
- Expenses:
- Reimbursement for out-of-state or in-state CAN-related expenses; caps depend on felony status and case type (with higher limits for life-imprisonment felonies and up to $2,500 for non-life cases unless good cause shown).
- Specific expense rules apply for transcripts, appearance fees, travel, investigative services, and other typical litigation costs (with various caps and documentation requirements).
- Expungement services:
- If an indigent defendant’s case is expunged, continued representation may be provided; expungement services capped (up to $1,000 for fees, $500 for expenses) unless court approves more.
- Reporting and transparency:
- PDS must publish annual rates for panel attorneys, paralegals, and AGALs.
2) Reporting on guardians ad litem and AGALs
- Beginning December 1, 2026, PDS must annually compile and summarize vouchers submitted by panel attorneys serving as GALs and AGALs.
- The annual summary must include:
- Average per-case multidisciplinary team (MDT) meetings attended by appointed GALs/AGALs from appointment to child permanency.
- Average number of CAN cases where a panel attorney has served as GAL.
- Average duration of CAN proceedings from initial GAL appointment to permanency.
- Average in-person visits/conferences with clients and/or parents/caretakers; aggregate counts of in-person visits completed vs. not completed.
- Average legal service hours billed per case by panel attorneys serving as GALs.
- Average travel hours billed per case by panel attorneys serving as GALs.
- Note: Disclosure is limited by attorney-client privilege.
3) Definitions and CAN proceedings (Chapter 49)
- Adds/clarifies definitions related to CAN, including:
- Abandonment, abused child, abusing parent, assistant guardian ad litem, battered parent, child abuse and neglect, guardian ad litem, neglect, parent resource navigator, permanency plan, sexual abuse/exploitation/assault, serious physical abuse, etc.
- These definitions support CAN proceedings and multidisciplinary planning.
4) Multidisciplinary treatment planning (CAN) (§49-4-405)
- In CAN cases, the department must convene a multidisciplinary treatment team within 30 days of initiating a CAN proceeding.
- MDT composition includes: case manager, adult respondent, child, parents/guardians, counsel, prosecutor, CAN Center member, CASA, AGAL/ GAL, school official, parent resource navigator, managed care coordinator, and other relevant participants.
- MDT duties: develop an individualized service plan, determine placement (prefer relative in-state first), and submit written reports to the court at required intervals (minimum every three months).
- Confidentiality and notes: child participation allowed if appropriate; terminated parental rights holders may be excluded from MDT notice unless ordered otherwise.
- Confession implications: statements admitted to MDT may not be used in subsequent criminal proceedings against the respondent, except for perjury.
5) Temporary care and reasonable efforts (CAN) (§49-4-602)
- Outlines temporary custody powers at petition filing (up to 10 days, with imminent danger findings).
- Prohibits placement in a home where an alleged abusing person resides unless court orders otherwise.
- In cases with multiple children, each child is a party to the proceeding, and the court must address temporary custody for each child.
- Temporary custody orders must include: justification for removal, whether reasonable efforts were made to preserve the family, ADA accommodations, and future reunification steps.
- Expanded scenarios where reasonable efforts to preserve the family may be non-applicable (e.g., aggravated circumstances, prior termination of parental rights, sex offender registry status, etc.).
6) Disposition and permanency framework (§49-4-604, §49-4-608, §49-4-610)
- Case plans: department must file a comprehensive child and family case plan with the court, including permanency planning and provisions for reunification or concurrent permanent placement.
- Guardian ad litem and other appointed counsel must meet court education and certification requirements; payment contingent on meeting obligations.
- Disposition priorities: dismiss petition; refer to services; return home under supervision; supervised terms; temporary care; or termination of parental rights with permanent custody arrangements as appropriate.
- Permanency planning: periodic reviews (annual reviews, 12-month cycles) and detailed findings about placement appropriateness, services, and permanency options.
- Transitional planning for older youth (16-17 years): plan for independent living; coordination with adult services for those with special needs.
- Out-of-state placement rules and Interstate Compact considerations.
- Improvements periods (pre- and post-adjudication) allowed, with requirements for submitting family case plans and MDT duties during the period.
Impact and Beneficiaries
- Increases in compensation rates for panel attorneys, paralegals, and AGALs, with published annual rate schedules.
- Expanded use and oversight of AGALs and GALs, including AGALs in MDTs.
- Enhanced reporting on CAN proceedings, including detailed data on MDTs and GAL activity.
- Expanded definitions and clarifications to CAN proceedings to support MDT planning and placement decisions.
- More explicit requirements for court orders, improvements periods, and permanency planning.
- Generally targeted at improving accountability, funding, and efficiency of the Public Defender Services system and child welfare processes in West Virginia.
Timeline and Effective Dates
- The bill is introduced in February 2026 and would take effect as specified in the amendments, with annual reporting starting December 1, 2026 for GAL/AGAL vouchers.
- Publication requirements for annual rates are due by June 15 of each year for the upcoming fiscal year.
Note
- The bill contains complex cross-references to multiple CAN provisions and technical amendments across Chapters 29 and 49. It emphasizes funding, reporting, and procedural enhancements to support robust representation and comprehensive treatment planning in CAN cases.
Compiled from official sources — confirm details with the bill’s official record.
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