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Senate panel advances rulemaking for Bureau of Social Services, adds immunity language
Summary
The Judiciary Committee agreed to a substitute for Senate Bill 543 that would make Bureau of Social Services policies subject to legislative rulemaking while adding language intended to prevent the 2026 amendments from creating private causes of action against the bureau or its employees; an amendment adding 'agents' was adopted.
The West Virginia Senate Judiciary Committee agreed to a committee substitute for Senate Bill 543 on a voice vote, advancing the measure to the full Senate with a recommendation that it pass.
Counsel told the committee the substitute would bring Bureau of Social Services policies under legislative rulemaking, making policies, procedures and manuals publicly accessible. Counsel said the substitute adds a new Subdivision 5 clarifying that “the amendments to this section enacted during the 2026 regular session of the legislature shall not be construed as creating a private cause of action against the Bureau of Social Services or its employees, nor shall the amendments be construed as abrogating or otherwise modifying any common law immunity or statutory privilege available to the Bureau of Social Services or its employees.”
Supporters said the change is intended to strike a balance between public transparency and protecting the state insurer from unexpected fiscal exposure. A Senior Senator praised the work on the substitute, saying it would provide “transparency” without adding risk to the state.
During debate, the Senator from Brook asked whether the bureau uses contractors. Counsel confirmed the child-protective-services division uses contractors for services such as parenting classes, life-skills training and substance-abuse testing. To address that point, the Senator from Brook offered an amendment to add the word “agents” so the protection would read “Bureau of Social Services, its employees, or agents.” The committee adopted that amendment by voice vote.
Committee members and counsel discussed Crouch v. Gillespie, a West Virginia Supreme Court case referenced during the hearing, and concerns that treating policies as rules could affect qualified-immunity analyses. Counsel said the substituted language aims to preserve transparency while mitigating potential unintended fiscal consequences for the state insurer, BRIM.
The Vice Chair moved that the committee substitute, as amended, be reported to the full Senate with a recommendation that it pass. The motion carried by voice vote. The committee record shows no fiscal impact and no additional references beyond judiciary were identified in the substitute.
The committee will next transmit the substitute to the full Senate for consideration.
