West Virginia Code

W. Va. Code § 49-1-101 (2026)

Short title; intent of recodification

✓ current as of May 2026
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ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.

Part I. General Provisions and Purpose.

§49-1-101. Short title; intent of recodification.

(a) This chapter shall be known and may be cited as the "West Virginia Child Welfare Act."

(b) The recodification of this chapter during the regular session of the Legislature in the year 2015 is intended to embrace in a revised, consolidated, and codified form and arrangement the laws of the State of West Virginia relating to child welfare at the time of that enactment.

Notes of Decisions
Cited in 296 cases (8 in the last 5 years), 2015–2026 · leading case: In Re A.L.C.M., 801 S.E.2d 260 (W. Va. 2017).
In Re A.L.C.M., 801 S.E.2d 260 (W. Va. 2017). · cites it 2× “The abusive and/or neglectful conduct attributed to Father is "alleged" because the circuit court held his adjudicatory hearing in abeyance pending this Cqurt’s resolution of the instant certified question.”
In Re I.M.K., 815 S.E.2d 490 (W. Va. 2018). · cites it 2× “In enacting the West Virginia Child Welfare Act, W. Va. Code § 49-1-101 et seq. , of which W.”
In re K.P., 772 S.E.2d 914 (W. Va. 2015). “During the 2015 Regular Session, the West Virginia Legislature repealed West Virginia Code §§ 49-1-1 through 49-11-10 and recodified these statutes, with some revisions, into West Virginia Code §§ 49-1-101 through 49-7-304. The references in this opinion are to the statutes as…”
In Re C.m., D.m., & E.m, 782 S.E.2d 763 (W. Va. 2016). “Effective in May of 2015, the West Virginia Legislature repealed West Virginia Code §§ 49-1-1 through 49-11-10 and recodified these statutes, with some revisions, at West Virginia Code §§ 49-1-101 through 49-7-304. 8 . If abuse or neglect is found during the adjudicatory stage,…”
Hall v. Hall, 818 S.E.2d 838 (W. Va. 2018). · cites it 2× “, along with precedent of this Court that allows a parent's obligation to support a child to continue beyond the termination of parental rights, to reverse the circuit court's ruling on this novel issue. Respondents Lona Sue Hall and Robert E.”
In Re: S.c., K.M. II, & D.M. (W. Va. 2016). · cites it 3× “See generally W.Va. Code § 49-1-101 et seq. In child abuse and neglect proceedings “‘[a]bandonment’ means any conduct that demonstrates the settled purpose to forego the duties and parental responsibilities to the child[ren.”
In Re: J.B. & A.B. (W. Va. 2016). · cites it 2× “further admitted that he might have “pop[p]ed her on the butt moving her away from the front of the 1 We note that West Virginia Code §§ 49-1-1 through 49-11-10 were repealed and recodified during the 2015 Regular Session of the West Virginia Legislature.”
In Re: L.L. (W. Va. 2016). · cites it 2× “remain with the DHHR. Petitioner was subsequently incarcerated pursuant to a fugitive from justice warrant from the State of North Carolina.”
In Re: G.b.-1, G.b.-2, & G.b.-3 (W. Va. 2016). · cites it 2× “The new enactment, West Virginia Code §§ 49-1-101 through 49-7-304, has minor stylistic changes and became effective ninety days after the February 19, 2015, approval date.”
In Re: G.b.-1, G.b.-2, & G.b.-3 (W. Va. 2016). · cites it 2× “The new enactment, West Virginia Code §§ 49-1-101 through 49-7-304, has minor stylistic changes and became effective ninety days after the February 19, 2015, approval date.”
In Re: A.M. & C.M. (W. Va. 2016). · cites it 2× “The new enactment, West Virginia Code §§ 49-1-101 through 49-7-304, has minor stylistic changes and became effective ninety days after the February 19, 2015, approval date.”
In Re: R.C. (W. Va. 2016). · cites it 2× “The new enactment, West Virginia Code §§ 49-1-101 through 49-7-304, has minor stylistic changes and became effective ninety days after the February 19, 2015, approval date.”
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