West Virginia

W. Va. Code § 49-2-803 — West Virginia mandatory-reporting statute

Clergy named as mandatory reporter?: Yes
Confessional exemption?: No

Statute: W. Va. Code § 49-2-803
Clergy named: Expressly
Pending: 1 (HB5555)

West Virginia is one of only three U.S. jurisdictions (with New Hampshire and Guam) where the statute both expressly names clergy as mandated reporters AND denies the clergy-penitent privilege in child-abuse cases. W. Va. Code § 49-2-803(a) lists 'member of the clergy' in the reporter pool and sets a 24-hour reporting deadline to the Department of Human Services. § 49-2-811 abrogates every professional-client privilege except attorney-client when child abuse or neglect is suspected. A separate clergy testimonial privilege at § 57-3-9 still applies in court, but § 49-2-811 overrides it whenever a reporting duty kicks in. § 49-2-803 has been reopened in two recent sessions: SB312 in 2024 and HB5555 in 2026. Neither bill loosens the clergy posture. On paper, West Virginia has done what most states haven't. What's missing is any visible follow-through. This is the kind of state-level reform UCO is pushing to verify in every state.

Section 01What needs to change

What needs to change in West Virginia.

Clergy expressly named at § 49-2-803(a)
The principal mandatory-reporting statute lists 'member of the clergy' alongside Christian Science practitioner and religious healer in subsection (a). Reports must reach the Department of Human Services immediately and no later than 24 hours after suspicion arises. For sexual abuse, sexual assault, or serious physical abuse, an additional immediate report to local or county law enforcement is required.
View source ↗
Privilege abrogated with no clergy carveout at § 49-2-811
Section 49-2-811 abrogates the privileged quality of communications between spouses and between any professional person and patient or client in situations involving suspected or known child abuse or neglect. The only privilege preserved is attorney-client. There is no clergy-penitent carveout in the text and no exemption for confessional or sacramental communications. West Virginia is one of three U.S. jurisdictions (with New Hampshire and Guam) the HHS Children's Bureau classifies as denying the clergy-penitent privilege outright in child-abuse cases.
View source ↗
General clergy testimonial privilege at § 57-3-9 coexists but does not survive § 49-2-811
West Virginia separately recognizes a general clergy testimonial privilege at § 57-3-9 for confessions or communications made to clergy acting in a professional religious capacity. In the child-abuse-reporting context, § 49-2-811 expressly overrides every professional privilege except attorney-client. The two provisions coexist on paper, but § 49-2-811 controls when a reporting duty is in play.
View source ↗
Penalty tier under § 49-2-812
A mandated reporter who knowingly fails to report under § 49-2-803 is guilty of a misdemeanor punishable by up to 90 days in jail and a fine of up to $5,000 for abuse or neglect cases. For cases involving sexual abuse, the penalty rises to up to 6 months in jail and a fine of up to $10,000. No prosecution under § 49-2-812 against clergy has surfaced in publicly available sources. That absence is the compliance question the strong text doesn't answer.
View source ↗

Section 02What's needed

What it takes to close the gap.

Section 03Pending action

Bills in motion right now.

HB5555committee
Modifying the process of mandatory reporting
Introduced February 16, 2026 and referred to the House Judiciary Committee. The bill would amend § 49-2-803 to add immediate local or county law-enforcement reporting for sexual abuse, sexual assault, or physical abuse, while retaining 'member of the clergy' in the mandated-reporter list. HB5555 does not weaken West Virginia's clergy posture; it reopens the principal reporting statute for the second time in three sessions, which supports the recent-attempt urgency classification.
SponsorsHolstein
View source ↗

Section 04How you can help

Concrete ways to support reform in West Virginia.

Donate

Donate.

Donations fund West Virginia compliance research, public-records work, and the slow project of turning strong text into observable enforcement.

Mission supportDonate→

Section 05Timeline

How West Virginia got here.

2023
HHS classifies WV among three privilege-denied jurisdictions
The Child Welfare Information Gateway (HHS Children's Bureau) May 2023 national report identifies West Virginia, alongside New Hampshire and Guam, as the only U.S. jurisdictions that both expressly mandate clergy reporting under § 49-2-803 and deny the clergy-penitent privilege under § 49-2-811 in child-abuse cases.
View source ↗
2024
SB312 dies in committee
Sen. Swope and four co-sponsors introduce SB312 in the 2024 Regular Session, which would amend § 49-2-803 to require CPS to interview mandatory reporters who submit screened-in referrals. The bill reopens the principal mandatory-reporter statute but is not a clergy-posture bill. Referred to Senate Judiciary; no record of advancement before sine die on March 9, 2024.
View source ↗
2026-02
HB5555 introduced
Rep. Holstein introduces HB5555 in the 2026 Regular Session on February 16, 2026. The bill would amend § 49-2-803 to add immediate law-enforcement reporting for sexual abuse, sexual assault, or physical abuse, keeping 'member of the clergy' in the reporter list. Referred to House Judiciary.

Section 06Background

Public-record sources UCO is tracking.

Always verify against the underlying statute or filing before quoting.

West Virginia Legislature
W. Va. Code § 49-2-803 — Persons mandated to report suspected abuse and neglect; requirements
The principal mandatory-reporting statute. Subsection (a) expressly enumerates 'member of the clergy' alongside Christian Science practitioner and religious healer. Reports run to the Department of Human Services immediately and within 24 hours; serious physical abuse, sexual abuse, and sexual assault trigger an additional immediate report to local or county law enforcement.
View source ↗
West Virginia Legislature
W. Va. Code § 49-2-811 — Abrogation of privileged communications; exception
Companion provision that overrides the privilege. The privileged quality of communications between spouses and between any professional person and patient or client is abrogated in situations involving suspected or known child abuse or neglect. The only privilege preserved is attorney-client. There is no clergy-penitent carveout in the text.
View source ↗
Child Welfare Information Gateway, U.S. HHS Children's Bureau· May 2023
Clergy as Mandatory Reporters of Child Abuse and Neglect — West Virginia
Federal state-statute summary citing W. Va. Code §§ 49-2-803 and 49-2-811. Independently confirms that West Virginia expressly names clergy as mandated reporters and abrogates the clergy-penitent privilege in child-abuse cases. The companion national report names WV alongside NH and Guam as the only U.S. jurisdictions in this combined posture.
View source ↗
Church Law & Tax· Verified March 2023
Child Abuse Reporting Laws for West Virginia
Practitioner-oriented summary listing the § 49-2-803(a) reporter pool, the 24-hour reporting timeline, the § 49-2-811 privilege-abrogation language, and the § 49-2-812 penalty tier (up to 90 days / $5,000 for abuse-neglect; up to 6 months / $10,000 for sexual-abuse cases).
View source ↗
West Virginia Legislature· 2026
House Bill 5555 — 2026 Regular Session
Bill history for HB5555. Introduced February 16, 2026 and referred to House Judiciary. Proposes to amend § 49-2-803 to add immediate law-enforcement reporting for sexual abuse, sexual assault, or physical abuse while retaining clergy in the mandated-reporter list. Anchors the recent-attempt urgency classification.
View source ↗

Other states

Last reviewed May 20, 2026 · by Unheard Child Org research teamHow we track this