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WEST VIRGINIA LEGISLATURE
2026 REGULAR SESSION
ENROLLED
Committee Substitute
for
House Bill 5466
BY DELEGATES LEAVITT, AKERS, BELL, DRENNAN,
MOORE, CROUSE, AND KIMBLE
[Passed March 12, 2026; in effect 90 days from
passage (June 10, 2026)]
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1 AN ACT to amend and reenact §48-26-203, §48-26-301, §48-26-401, §48-26-402, §48-26-403,
2 §48-26-406, §48-26-701, and §61-11-22a, relating to domestic relations; renaming the
3 program; clarifying definitions; and establishing program standards.
Be it enacted by the Legislature of West Virginia:
CHAPTER 48. DOMESTIC RELATIONS.
ARTICLE 26. DOMESTIC VIOLENCE ACT.
§48-26-203. Abuse Intervention Program defined.
1 "Abuse intervention program" means a licensed educational program that provides
2 classes to individuals who commit acts of domestic violence or abuse, offering nonviolent
3 strategies and values that promote respect and equality in intimate partner relationships.
§48-26-301. Family protection services board continued; terms.
1 (a) The family protection services board, is continued.
2 (b) Membership of the board is comprised of seven persons. The Governor, with the
3 advice and consent of the Senate, shall appoint five members of the board who meet the following
4 qualifications:
5 (1) One member must be a director of a licensed domestic violence program;
6 (2) One member must be a representative of the West Virginia Coalition Against Domestic
7 Violence;
8 (3) One member must be a representative of a abuse intervention program licensed by
9 the board;
10 (4) One member must be a representative of the West Virginia Supreme Court of Appeals
11 who is familiar with monitored parenting and exchange program services; and
12 (5) One member must be a citizen who is a resident of this state and who is not employed
13 by, under contract with or a volunteer for a program licensed by the board, and who is
14 knowledgeable about services for victims and survivors of domestic violence.
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15 (c) The Secretary of the Department of Human Services, or his or her designee, and the
16 chair of the Governor's Committee on Crime, Delinquency and Correction, or his or her designee
17 shall serve as ex officio voting members.
18 (d) The terms of the five members appointed by the Governor are for three years,
19 staggered in accordance with prior enactments of this act.
20 (e) No person who is employed by, under contract with or volunteers for an organization
21 that is licensed to operate any program under the provisions of this article may serve on the board
22 at the same time as another person who is employed by, under contract with or volunteers for
23 that organization.
24 (f) If a member resigns or is unable to complete his or her term or ceases to be qualified,
25 the Governor shall appoint within ninety days a person who meets the qualifications of this section
26 to serve the remainder of the unexpired term.
§48-26-401. Powers and duties of board.
1 (a) The board shall:
2 (1) Propose rules for legislative approval, in accordance with the provisions of §29A-3-1
3 et seq. of this code, to implement the provisions of this article and any applicable federal
4 guidelines;
5 (2) Receive and consider applications for licensure of domestic violence programs, abuse
6 intervention programs and monitored parenting and exchange programs;
7 (3) Assess the need for domestic violence programs, abuse intervention programs and
8 monitored parenting and exchange programs, including licensure preapplication and application
9 processes;
10 (4) Conduct licensure renewal reviews of domestic violence programs, abuse intervention
11 programs and monitored parenting and exchange programs, that will ensure the safety, well-being
12 and health of the programs' participants and staff;
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13 (5) For each fiscal year, expend from the Family Protection Fund a sum not to exceed
14 fifteen percent for the costs of administering the provisions of this article, and direct the
15 Department of Human Services to distribute one half of the remaining funds equally and the other
16 half of the remaining funds in accordance with a formula determined by the board, to licensed
17 domestic violence programs;
18 (6) Submit an annual report on the status of programs licensed under the provisions of
19 this article to the Governor and the Joint Committee on Government and Finance;
20 (7) Conduct hearings as necessary under this article; and
21 (8) Collect data about licensed programs for use in the annual report of the board.
22 (b) The board may:
23 (1) Advise the Secretary of the Department of Human Services and the Chair of the
24 Governor's Committee on Crime, Delinquency and Correction on matters of concern relative to
25 their responsibilities under this article;
26 (2) Delegate to the Secretary of the Department of Human Services such powers and
27 duties of the board as the board considers appropriate to delegate, including, but not limited to,
28 the authority to approve, disapprove, revoke or suspend licenses;
29 (3) Advise administrators of state or federal funds of licensure violations and closures of
30 programs; and
31 (4) Exercise all other powers necessary to implement the provisions of this article.
§48-26-402. Requirements, qualifications and terms of licensure; collaboration to assist
programs.
1 (a) No domestic violence program, abuse intervention program or monitored parenting
2 and exchange program may represent that it is licensed unless it is licensed by the board pursuant
3 to the provisions of this article and the legislative rules promulgated pursuant to this article.
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4 (b) The board shall establish preliminary application and full application forms for the initial
5 licensing of domestic violence programs, abuse intervention programs and monitored parenting
6 and exchange programs.
7 (1) To meet basic eligibility requirements an applicant for licensure must complete a
8 preliminary application form to demonstrate local need for the proposed service, method of
9 governance and accountability, administrative and programmatic design, and fiscal efficiency.
10 The board shall respond in writing within 60 days of receipt of the preliminary application;
11 (2) If the board approves the preliminary application, the applicant may complete a full
12 application form;
13 (3) The board shall determine whether all documentation set forth on the licensure
14 checklist has been submitted, and may request supplemental or clarifying information or
15 documentation; and
16 (4) The board shall grant or deny a license within sixty days of the receipt of the completed
17 full application form and all supplemental or clarifying information or documentation requested by
18 the board.
19 (c) Licenses may be granted or renewed for periods not to exceed three years: Provided,
20 That the board may conduct licensure reviews at any time during the licensure period, and may
21 downgrade, suspend or revoke a license in accordance with the provisions of this article.
22 (d) The license granted by the board shall be prominently displayed by the licensees.
23 (e) The board may grant a provisional license for up to 180 days, to a program that is not
24 in compliance with non-life threatening safety, programmatic, facility or administrative standards.
25 A provisional license may be extended for up to an additional 180 days, if the board, in its sole
26 discretion, determines that the program is making active progress toward compliance.
27 (f) The board may grant a conditional license for up to ninety days to a program that has
28 violations of safety or accountability standards that may threaten the health, well-being or safety
29 of its participants or staff, or the responsible operation of the program, or that have a history or
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30 pattern of noncompliance with established standards. If a program does not correct the violations
31 within the conditional license period, the board may institute closure proceedings.
32 (g) The Department of Human Services, the Division of Justice and Community Services,
33 the Family Protection Services Board, the WV Coalition Against Domestic Violence, the West
34 Virginia Supreme Court of Appeals and the Division of Corrections may, collectively or in any
35 combination as appropriate to the program, collaborate to provide technical assistance to prevent
36 and resolve deficiencies in a program's ability to meet the standards to operate and maintain
37 licensure.
38 (h) If the board obtains information that a person or persons has engaged in, is engaging
39 in or is about to engage in an act that constitutes or will constitute a violation of the provisions of
40 this article or the legislative rules promulgated pursuant to this article, it may issue a notice to the
41 person or persons to cease and desist the act, or apply to the circuit court for an order enjoining
42 the act. Upon a showing that the person has engaged, is engaging or is about to engage in such
43 an act, the court may order an injunction, restraining order or other order as the court considers
44 appropriate.
§48-26-403. Legislative rules.
1 (a) The board shall propose rules for legislative approval in accordance with the provisions
2 of §29A-3-1 et seq. of this code to effectuate the provisions of this article.
3 (b) The rules shall include, at a minimum:
4 (1) Operating procedures of the board;
5 (2) Minimum standards, including, but not limited to, governance, administration, safety,
6 referral process, intake, services, financial accountability, staffing, personnel policies,
7 communication, program participant records, service plans, confidentiality, program evaluation,
8 facility requirements, reports, restrictions, and other requirements in this article, for licensure of:
9 (A) Domestic violence programs, including requirements for both shelter and outreach
10 components;
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11 (B) Community-based, local government and Division of Corrections abuse intervention
12 programs. The program may be located in a physical facility or delivered through a live,
13 synchronous, virtual platform, but the program shall offer an in-person option at a physical facility
14 in order to offer live, synchronous virtual classes;
15 (C) Monitored parenting and exchange programs; and
16 (3) A licensure checklist to determine the ability of applicants and licensees to meet
17 licensure standards, to determine eligibility for a full license, provisional license, conditional
18 license or no license.
19 (c) The rules in effect as of the effective date of the reenactment of this section will remain
20 in effect until modified, amended or repealed provided that they are not inconsistent with this
21 article.
§48-26-406. Closure of programs.
1 (a) The board may close any program that violates the standards established under this
2 article or that threatens the health, well-being or safety of its participants or staff: Provided, That
3 if a shelter is closed, the governing body of the program, in conjunction with the board, shall
4 establish a plan to place the participants in other shelters or alternative housing.
5 (b) In order to close a domestic violence program or one of its components, a abuse
6 intervention program or a monitored parenting and exchange program, the board must vote
7 unanimously in the affirmative.
8 (c) If either the shelter component or the outreach component of a domestic violence
9 program is closed, the remaining component of the program may continue to be licensed and to
10 receive funds.
§48-26-701. Confidentiality.
1 (a) A program licensed pursuant to this article may not disclose, reveal, or release or be
2 compelled to disclose, reveal, or release, any written records or personal or personally identifying
3 information about a program participant created or maintained in providing services, regardless
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4 of whether the information has been encoded, encrypted, hashed, or otherwise protected,
5 pursuant to this article except:
6 (1) Upon written consent, or upon oral consent in emergency situations defined by
7 legislative rule, of the person seeking or who has sought services from the program;
8 (2) In any proceeding brought under §9-6-4 and §9-6-5 of this code or §49-4-601 through
9 §49-4-610 of this code;
10 (3) As mandated by §49-2-801 through §49-2-814 and §9-6-1 et seq. of this code;
11 (4) Pursuant to an order of any court based upon a finding that the information is
12 sufficiently relevant to a proceeding before the court to outweigh the importance of maintaining
13 the confidentiality established by this section;
14 (5) To protect against a clear and substantial danger of imminent injury by a person
15 receiving services to himself or herself or another; or
16 (6) As authorized by the releases signed by abuse intervention program participants
17 pursuant to the provisions of subsection (b) of this section.
18 (b) Abuse intervention program participants shall authorize the release of information by
19 signing the following releases:
20 (1) Allowing the provider to inform the victim or alleged victim and the victim’s advocates
21 that the participant is participating in a abuse intervention program with the provider and to provide
22 information to the victim or alleged victim and her or his advocates, if necessary, for the victim’s
23 or alleged victim’s safety;
24 (2) Allowing prior and current service providers to provide information about the participant
25 to the provider;
26 (3) Allowing the provider, for good cause, to provide information about the participant to
27 relevant legal entities, including courts, parole officers, probation officers, child protective
28 services, adult protective services, law enforcement, licensed domestic violence programs, or
29 other referral agencies;
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30 (4) Allowing the provider to report to the court, if the participation was court ordered, and
31 to the victim or alleged victim, if she or he requests and provides a method of notification, and to
32 her or his advocate, any assault, failure to comply with program requirements, failure to attend
33 the program, threat of harm by the participant, reason for termination, and recommendations for
34 changes in the court order; and
35 (5) Allowing the provider to report to the victim or alleged victim, or her or his advocate,
36 without the participant’s authorization, all perceived threats of harm, the participant’s failure to
37 attend, and reason for termination.
38 (c) Monitored parenting and exchange programs may disclose to one parent or guardian,
39 without the permission of the other parent or guardian, any perceived threat of harm or violation
40 of the court order or violation of the monitored parenting and exchange program rules by the other
41 parent or guardian.
42 (d) A monitored parenting and exchange program may not release information about the
43 child without consent of the parent with custodial responsibility or guardian.
44 (e) In addition to the provisions set forth in this section, the release of a victim’s personally
45 identifying information is subject to the provisions of 42 U.S.C. § 13925(b)(2).
46 (f) A consent or authorization for the transmission or disclosure of confidential information
47 is not effective unless it is signed by the program participant whose information is being disclosed.
48 Every person signing an authorization shall be given a copy.
49 (g) A victim of domestic violence, dating violence, sexual assault, or stalking shall not be
50 required to provide consent to release his or her personally identifying information as a condition
51 of eligibility for the services, nor may any personally identifying information be shared in order to
52 comply with federal or state reporting, evaluation, or data collection requirements: Provided, That
53 nothing in this section prohibits a program from reporting suspected abuse or neglect, as defined
54 by law, when the program is mandated by law to report suspected abuse or neglect.
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CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-22a. Deferred adjudication.
1 (a) Upon the entry of a guilty plea to a felony or misdemeanor before a circuit or magistrate
2 court of this state entered in compliance with the provisions of Rule 11 of the West Virginia Rules
3 of Criminal Procedure or Rule 10 of the West Virginia Rules of Criminal Procedure for Magistrate
4 Courts and applicable judicial decisions, the court may, upon motion, defer acceptance of the
5 guilty plea and defer further adjudication thereon and release the defendant upon such terms and
6 conditions as the court deems just and necessary. Terms and conditions may include, but are not
7 limited to, periods of incarceration, drug and alcohol treatment, counseling and participation in
8 programs offered under §62-11A-1 et seq., §62-11B-1 et seq., and §62-11C-1 et seq. of this code.
9 (b) If the offense to which the plea of guilty is entered is a felony, the circuit court may
10 defer adjudication for a period not to exceed three years. If the offense to which the plea of guilty
11 is entered is a misdemeanor, the court may defer adjudication for a period not to exceed two
12 years.
13 (c) Unless otherwise specified by this section, a person is ineligible for a deferred
14 adjudication program if he or she is charged with;
15 (1) A felony crime of violence against the person where the alleged victim is a family or
16 household member as defined in §48-27-204 of this code;
17 (2) A violation of §61-8-12 of this code or a felony violation of the provisions of §61-8B-1
18 et seq., §61-8C-1 et seq., and §61-8D-1 et seq. of this code;
19 (3) A violation of §61-2-9a(a) of this code;
20 (4) A violation of §61-2-9d of this code;
21 (5) A violation of §61-2-28 prosecuted under the provisions of subsections (c) or (d) of that
22 section; or
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23 (6) A violation of §61-2-9(a) of this code, or a violation of §61-2-9(b) or §61-2-9(c) of this
24 code prosecuted under the provisions of subsection (d) of that section, where the alleged victim
25 is a family or household member as defined in §48-27-204 of this code.
26 (7) A violation of §61-2-9(b) or §61-2-9(c) of this code or §61-2-28(a) or §61-2-28(b) of this
27 code where a weapon was used in the commission of the crime, the defendant has a prior
28 conviction of any of the offenses listed in subsection (c) of this section, the defendant has a prior
29 felony conviction, or the defendant has previously entered into a prior pretrial diversion or deferred
30 adjudication of crimes where the alleged victim is a family or household member as defined in
31 §48-27-203 of this code.
32 (d) A person charged under §61-2-9a, §61-2-9d, or §61-2-9(a) of this code who has not
33 previously been convicted of any of the offenses set forth in subsection (c) of this section, who
34 has no prior felony conviction, and who has not previously entered into a prior pretrial diversion
35 or deferred adjudication of crimes where the alleged victim is a family or household member as
36 defined in §48-27-204 of this code, is eligible to participate in a deferred adjudication program:
37 Provided, That the person is not eligible for dismissal upon successful completion of the deferred
38 period.
39 (e)(1) A person charged with a first offense violation of §61-2-28(a) or §61-2-28(b) of this
40 code or a violation of §61-2-9(b) or §61-2-9(c) of this code where the alleged victim is a family or
41 household member as defined in §48-27-204 is eligible for deferred adjudication if agreed to by
42 the state and the defendant: Provided, That, for purposes of this section, "first offense violation"
43 means the person would not, due to any prior charges or convictions, be subject to the
44 enhancement provisions set forth in §61-2-9(d) or §61-2-28(c) or §61-2-28(d);
45 (2) In addition to terms and conditions authorized in subsection (a) of this section, a person
46 participating in a deferred adjudication program pursuant to this subsection may be required to
47 participate in compliance hearings and abuse intervention programs licensed under §48-26-402
48 of this code;
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49 (3) Notwithstanding the provisions of subsection (b) of this section, a deferral under this
50 subsection shall be for a period of not less than 18 months nor more than three years; and
51 (4) A person may not participate in more than one deferred adjudication pursuant to this
52 subsection.
53 (f) If the defendant complies with the court-imposed terms and conditions he or she shall
54 be permitted to withdraw his or her plea of guilty and the matter dismissed or, as may be agreed
55 upon by the court and the parties, enter a plea of guilty or no contest to a lesser offense.
56 (g) In the event the defendant is alleged to have violated the terms and conditions imposed
57 upon him or her by the court during the period of deferral the prosecuting attorney may file a
58 motion to accept the defendant’s plea of guilty and, following notice, a hearing shall be held on
59 the matter.
60 (h) In the event the court determines that there is reasonable cause to believe that the
61 defendant violated the terms and conditions imposed at the time the plea was entered, the court
62 may accept the defendant’s plea to the original offense and impose a sentence in the court’s
63 discretion in accordance with the statutory penalty of the offense to which the plea of guilty was
64 entered or impose such other terms and conditions as the court deems appropriate.
65 (i) The procedures set forth in this section are separate and distinct from that set forth in
66 Rule 11(a)(2) of the West Virginia Rules of Criminal Procedure.
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The Clerk of the House of Delegates and the Clerk of the Senate hereby
certify that the foregoing bill is correctly enrolled.
...............................................................
Clerk of the House of Delegates
...............................................................
Clerk of the Senate
Originated in the House of Delegates.
In effect 90 days from passage.
...............................................................
Speaker of the House of Delegates
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President of the Senate
__________
The within is ................................................ this the...........................................
Day of ..........................................................................................................., 2026.
.............................................................
Governor
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