Parental Substance Use as Child Abuse - West Virginia

Date: July 2019

Citation: W. Va. Code § 49-1-201

'Imminent danger to the physical well-being of the child' means an emergency situation in which the welfare or the life of the child is threatened. This may include reasonable cause to believe that the parent, guardian, or custodian's abuse of alcohol or drugs or other controlled substance, as defined in § 60A-1-101, has impaired his or her parenting skills to a degree as to pose an imminent risk to a child's health or safety.

Citation: W.Va. Code § 60A-10-12

Any person age 18 or older who knowingly causes or permits a minor to be present in a location where methamphetamine is manufactured or attempted to be manufactured is guilty of a felony and, upon conviction, shall be confined in a state correctional facility for no less than 1 year nor more than 5 years, fined no more than $10,000, or both.

Notwithstanding the provisions above, the penalty for a violation of said subsection when the child suffers serious bodily injury shall be confinement in a state correctional facility for no less than 3 years nor more than 15 years, a fine of no more than $25,000, or both.