Committee lays over bill on court‑ordered drug testing for parents to secure agency input

West Virginia Senate committee (committee name not specified in transcript) · March 3, 2026

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Summary

A bill that would allow courts to require parents to undergo drug testing before reunification in abuse and neglect cases was laid over for a day so the committee can ask Child Protective Services/Department of Human Services how tests and positive results would be handled; senators raised concerns about mandatory vs. permissive language, kratom inclusion, test thresholds and potential trauma from removal.

House counsel summarized House Bill 5214 as creating a mechanism for courts to order parents to submit to drug testing before reunification in child abuse and neglect proceedings and listed substances that the tests would cover. Counsel read provisions that allow courts to require testing and explained that a positive result must be confirmed by laboratory testing and documented for courts and parties.

Senators asked whether the bill’s drug‑testing provisions are permissive or mandatory and pressed what would happen if a test were positive — whether the department would be prohibited from returning a child to the home. Counsel pointed to the written‑consent and procedure language and said the bill contemplates informed consent and that case processes and treatment courts could operate differently.

Senator from Jefferson raised the practical concern that kratom has no prescription‑based exception and that the draft does not define thresholds or amounts for a positive test; he warned the draft treats kratom differently than other listed substances. After discussion and because the Department of Human Services/CPS personnel were not present to answer practice questions, Senator from Marion moved to lay the bill over for one day to bring appropriate witnesses before the committee. The chair said the committee would "endeavor to get someone here" to answer questions; the layover motion carried by voice vote.

The committee did not take a final vote on the bill; senators requested agency testimony about how testing, thresholds and consequences for positive screens would operate in practice before the committee moves forward.