West Virginia HB 2524: Modifying the definition of child abuse or neglect to exclude accidental injury

Bill Text

HB 2524 Text

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Introduced Version

« House Bill 2524 History

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 Key: Green = existing Code. Red = new code to be enacted

WEST virginia 
legislature

2021 regular session

Introduced

House Bill 2524

By Delegates Fast and Mandt

[Introduced February 15, 
2021; Referred to the Committee on Senior, Children, and Family Issues then the 
Judiciary]

A BILL to amend and 
reenact §61-8D-1 and §61-8D-4 of the Code of West Virginia, 1931, as amended, 
all relating to modifying the definitions of child abuse and neglect to exclude 
accidents.

Be it enacted by the 
Legislature of West Virginia:

ARTICLE 8D. CHILD ABUSE.

§61-8D-1. Definitions.

As used in this article, 
accidental physical, mental or emotional injury to a child, arising from a 
reasonable failure by a parent, guardian or custodian to recognize or foresee 
the threat arising from circumstances leading to an incidental or unplanned 
event which has resulted in injury to the child is not abuse or neglect. In this article, unless a different meaning is 
plainly required:

(1) “Abuse” means the 
infliction upon a minor of physical injury by other than accidental means.

(2) “Child” means any 
person under 18 years of age not otherwise emancipated by law.

(3) “Controlled substance” 
means controlled substance as that term is defined in §60A-1-101(d) of this 
code.

(4) “Custodian” means a 
person over the age of 14 years who has or shares actual physical possession or 
care and custody of a child on a full-time or temporary basis, regardless of 
whether such person has been granted custody of the child by any contract, 
agreement or legal proceeding. “Custodian” shall also include, but not be 
limited to, the spouse of a parent, guardian or custodian, or a person 
cohabiting with a parent, guardian or custodian in the relationship of husband 
and wife, where such spouse or other person shares actual physical possession 
or care and custody of a child with the parent, guardian or custodian.

(5) “Guardian” means a 
person who has care and custody of a child as the result of any contract, 
agreement or legal proceeding.

(6) “Gross neglect” means 
reckless or intentional conduct, behavior or inaction by a parent, guardian or 
custodian that evidences a clear disregard for a minor child’s health, safety 
or welfare.

(7) “Neglect” means the 
unreasonable failure by a parent, guardian or custodian of a minor child to 
exercise a minimum degree of care to assure the minor child’s physical safety 
or health. For purposes of this article, the following do not constitute “neglect” 
by a parent, guardian or custodian:

(A) Permitting a minor 
child to participate in athletic activities or other similar activities that if 
done properly are not inherently dangerous, regardless of whether that 
participation creates a risk of bodily injury;

(B) Exercising discretion 
in choosing a lawful method of educating a minor child; or

(C) Exercising discretion 
in making decisions regarding the nutrition and medical care provided to a 
minor child based upon religious conviction or reasonable personal belief.

(8) “Parent” means the 
biological father or mother of a child, or the adoptive mother or father of a 
child.

(9) “Sexual contact” means 
sexual contact as that term is defined in §61-8B-1, of this code.

(10) “Sexual exploitation” 
means an act whereby:

(A) A parent, custodian, 
guardian or other person in a position of trust to a child, whether for 
financial gain or not, persuades, induces, entices or coerces the child to engage 
in sexually explicit conduct as that term is defined in §61-8C-1 of this code; 
or

(B) A parent, guardian, 
custodian or other person in a position of trust in relation to a child 
persuades, induces, entices or coerces the child to display his or her sex 
organs for the sexual gratification of the parent, guardian, custodian, person 
in a positi