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Bill

HB 5189

Relating to the use of technology in child abuse and neglect investigations

2026 Regular Session Introduced by Jeff Campbell and 3 co-sponsors

HB 5189 authorizes West Virginia child protective services to use technology and digital forensics in abuse/neglect investigations to collect and preserve evidence.

To House Health and Human Resources
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Bill Summary · HB 5189

Legislative bill overview

HB 5189 authorizes West Virginia's child protective services to use technology tools and digital forensics in investigations of child abuse and neglect cases. The bill establishes frameworks for how technological evidence can be collected, preserved, and used to support child welfare investigations and potential prosecutions.

Why is this important

Child abuse investigations increasingly involve digital evidence—from social media communications to device data—that can corroborate claims or identify perpetrators. Formalizing technology use in these investigations helps ensure evidence is properly handled, maintains chain of custody, and can strengthen cases that protect vulnerable children. Clear statutory authority also protects caseworkers from legal challenges when they use digital tools appropriately.

Potential points of contention

  • Privacy and surveillance concerns: Expansive technology use in home investigations could raise Fourth Amendment questions about reasonable search and seizure, particularly if the bill allows broad device access without clear judicial oversight
  • Data security and child safety: Digital evidence collection creates databases containing sensitive information about children; unclear provisions on data storage, access controls, and deletion timelines could create security vulnerabilities
  • Training and qualification gaps: Caseworkers may lack forensic expertise; the bill's success depends on adequate funding for training, which isn't guaranteed, potentially leading to mishandled evidence or false conclusions

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

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