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WV Code § 48-31-303 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 31. Uniform Deployed Parents Custody and Visitation Act|§48-31-303. Testimony by Electronic Means

In a proceeding under this article, a party or witness who is not reasonably available to appear personally may appear, provide testimony and present evidence by electronic means unless the court finds good cause to require a personal appearance.
WV Code § 48-31-304 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 31. Uniform Deployed Parents Custody and Visitation Act|§48-31-304. Effect of Prior Judicial Order or Agreement

In a proceeding for a grant of custodial responsibility pursuant to this article, the following rules apply:(1) A prior judicial order, designating custodial responsibility if there is deployment, is binding on the court unless the circumstances meet the requirements of law of this state other than this article for modifying a judicial order regarding custodial responsibility.(2) The court shall enforce a prior written agreement between the parents for designating custodial responsibility if there is deployment, including an agreement executed under section two hundred one of this article, unless the court finds that the agreement is contrary to the best interest of the child.
WV Code § 48-31-305 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 31. Uniform Deployed Parents Custody and Visitation Act|§48-31-305. Grant of Caretaking or Decision-Making Authority to Nonparent

(a) On motion of a deploying parent and in accordance with law of this state other than this article, if it is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship.(b) Unless a grant of caretaking authority to a nonparent under subsection (a) of this section is agreed to by the other parent, the grant is limited to an amount of time not greater than:(1) The amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child; or(2) In the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child.(c) A court may grant part of a deploying parent’s decision-making authority, if the deploying parent is unable to exercise that authority, to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. If a court grants the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child’s education, religious training, health care, extracurricular activities and travel.
WV Code § 48-31-306 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 31. Uniform Deployed Parents Custody and Visitation Act|§48-31-306. Grant of Limited Contact

On motion of a deploying parent, and in accordance with law of this state other than this article, unless the court finds that the contact would be contrary to the best interest of the child, a court shall grant limited contact to a nonparent who is a family member of the child or an individual with whom the child has a close and substantial relationship.
WV Code § 48-31-307 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 31. Uniform Deployed Parents Custody and Visitation Act|§48-31-307. Nature of Authority Created by Temporary Custody Order

(a) A grant of authority under this article is temporary and terminates under the provisions of this article after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to caretaking authority, decision-making authority or limited contact in an individual to whom it is granted.(b) A nonparent granted caretaking authority, decision-making authority or limited contact under this article may enforce the grant until it is terminated by court order or under other provisions of this article.
WV Code § 48-31-308 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 31. Uniform Deployed Parents Custody and Visitation Act|§48-31-308. Content of Temporary Custody Order

(a) An order granting custodial responsibility under this article shall:(1) Designate the order as temporary; and(2) Identify to the extent feasible the destination, duration and conditions of the deployment.(b) If applicable, an order for custodial responsibility under this article shall:(1) Specify the allocation of caretaking authority, decision-making authority or limited contact among the deploying parent, the other parent, and any nonparent;(2) If the order divides caretaking or decision-making authority between individuals, or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any dispute that may arise;(3) Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications; (4) Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child;(5) Provide for reasonable contact between the deploying parent and the child after return from deployment until the temporary order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the temporary order; and(6) Provide that the order will terminate pursuant to the provisions of this article after the deploying parent returns from deployment.
WV Code § 48-31-309 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 31. Uniform Deployed Parents Custody and Visitation Act|§48-31-309. Order for Child Support

If a court has issued an order granting caretaking authority under this article, or an agreement granting caretaking authority has been executed under section two hundred one of this article, the court may enter a temporary order for child support consistent with law of this state other than this article if the court has jurisdiction under the Uniform Interstate Family Support Act.
WV Code § 48-31-310 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 31. Uniform Deployed Parents Custody and Visitation Act|§48-31-310. Modifying or Terminating Grant of Custodial Responsibility to Nonparent

(a) Except for an order under section three hundred four of this article, except as otherwise provided in subsection (b) of this section, and consistent with the Service Members Civil Relief Act, 50 U.S.C. §3931 and §3932, on motion of a deploying or other parent or any nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court may modify or terminate the grant if the modification or termination is consistent with this article and it is in the best interest of the child. A modification is temporary and terminates pursuant to the provisions of this article after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.(b) On motion of a deploying parent, the court shall terminate a grant of limited contact.
WV Code § 48-31-401 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 31. Uniform Deployed Parents Custody and Visitation Act|§48-31-401. Procedure for Terminating Temporary Grant of Custodial Responsibility Established by Agreement

(a) At any time after return from deployment, a temporary agreement granting custodial responsibility under section two hundred one of this article may be terminated by an agreement to terminate signed by the deploying parent and the other parent.(b) A temporary agreement under section two hundred one of this article granting custodial responsibility terminates:(1) If an agreement to terminate under subsection (a) of this section specifies a date for termination, on that date; or(2) If the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by the deploying parent and the other parent.(c) In the absence of an agreement under subsection (a) of this section to terminate, a temporary agreement granting custodial responsibility terminates under this article sixty days after the deploying parent gives notice to the other parent that the deploying parent returned from deployment.(d) If a temporary agreement granting custodial responsibility was filed with a court pursuant to section two hundred five of this article, an agreement to terminate the temporary agreement also shall be filed with that court within a reasonable time after the signing of the agreement. The case number and heading of the case concerning custodial responsibility or child support shall be provided to the court with the agreement to terminate.
WV Code § 48-31-402 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 31. Uniform Deployed Parents Custody and Visitation Act|§48-31-402. Consent Procedure for Terminating Temporary Grant of Custodial Responsibility Established by Court Order

At any time after a deploying parent returns from deployment, the deploying parent and the other parent may file with the court an agreement to terminate a temporary order for custodial responsibility. After an agreement has been filed, the court shall issue an order terminating the temporary order effective on the date specified in the agreement. If a date is not specified, the order is effective immediately.
WV Code § 48-31-403 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 31. Uniform Deployed Parents Custody and Visitation Act|§48-31-403. Visitation Before Termination of Temporary Grant of Custodial Responsibility

After a deploying parent returns from deployment until a temporary agreement or order for custodial responsibility established under this article is terminated, the court shall issue a temporary order granting the deploying parent reasonable contact with the child unless it is contrary to the best interest of the child, even if the time of contact exceeds the time the deploying parent spent with the child before deployment.
WV Code § 48-31-404 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 31. Uniform Deployed Parents Custody and Visitation Act|§48-31-404. Termination by Operation of Law of Temporary Grant of Custodial Responsibility Established by Court Order

(a) If an agreement between the parties to terminate a temporary order for custodial responsibility under this article has not been filed, the order terminates sixty days after the deploying parent gives notice to the other parent and any nonparent granted custodial responsibility that the deploying parent has returned from deployment.(b) A proceeding seeking to prevent termination of a temporary order for custodial responsibility is governed by law of this state other than this article: Provided, That no agreement of the parties made pursuant to the provisions of this article shall be the basis for a modification of the parents’ permanent parenting plan made pursuant to section four hundred two, article nine of this chapter.
WV Code § 48-31-501 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 31. Uniform Deployed Parents Custody and Visitation Act|§48-31-501. Uniformity of Application and Construction

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
WV Code § 48-31-502 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 31. Uniform Deployed Parents Custody and Visitation Act|§48-31-502. Relation to Electronic Signatures in Global and National Commerce Act

This article modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. Section 7003(b).
WV Code § 48-31-503 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 31. Uniform Deployed Parents Custody and Visitation Act|§48-31-503. Savings Clause

This article does not affect the validity of a temporary court order concerning custodial responsibility during deployment which was entered before the effective date of this article.
WV Code § 49-1-101 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 1. General Provisions and Definitions|§49-1-101. Short Title; Intent of Recodification

§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.
WV Code § 49-1-102 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 1. General Provisions and Definitions|§49-1-102. Legislative Intent; Continuation of Existing Statutory Provisions; No Increase in Funding Obligations

In recodifying the child welfare law of this state during the regular session of the Legislature in the year 2015, it is intended by the Legislature that each specific reenactment of a substantively similar prior statutory provision will be construed as continuing the intended meaning of the corresponding prior statutory provision and any existing judicial interpretation of the prior statutory provision. It is not the intent of the Legislature, by recodifying the child welfare law of this state during the regular session of the Legislature in the year 2015 to alter the substantive law of this state as it relates to child welfare or to increase or enlarge any funding obligation of any spending unit of the state.
WV Code § 49-1-103 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 1. General Provisions and Definitions|§49-1-103. Operative Date of Enactment; Effect on Existing Law

The amendment and reenactment of chapter forty-nine of this code, as enacted by the Legislature during the regular session, 2015, are operative ninety days from passage. The prior enactments of chapter forty-nine of this code, whether amended and reenacted or repealed by the action of the Legislature during the 2015 regular session, have full force and effect until that time.
WV Code § 49-1-104 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 1. General Provisions and Definitions|§49-1-104. West Virginia Code Replacement; No Increase of Funding Obligations to Be Construed

(a) The Department of Health and Human Resources and the Department of Military Affairs and Public Safety are not required to change any form or letter that contains a citation to this code that is changed or otherwise affected by the recodification of this chapter during the 2015 regular session of the Legislature unless specifically required by a provision of this code.(b) No provision of the recodification of this chapter during the 2015 regular session of the Legislature may be construed to increase or enlarge any funding obligation of any spending unit of the state.
WV Code § 49-1-105 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 1. General Provisions and Definitions|§49-1-105. Purpose

(a) It is the purpose of this chapter to provide a system of coordinated child welfare and juvenile justice services for the children of this state. The state has a duty to assure that proper and appropriate care is given and maintained.(b) The child welfare and juvenile justice system shall:(1) Assure each child care, safety and guidance;(2) Serve the mental and physical welfare of the child;(3) Preserve and strengthen the child family ties;(4) Recognize the fundamental rights of children and parents;(5) Develop and establish procedures and programs which are family-focused rather than focused on specific family members, except where the best interests of the child or the safety of the community are at risk;(6) Involve the child, the child's family or the child's caregiver in the planning and delivery of programs and services;(7) Provide community-based services in the least restrictive settings that are consistent with the needs and potentials of the child and his or her family;(8) Provide for early identification of the problems of children and their families, and respond appropriately to prevent abuse and neglect or delinquency;(9) Provide for the rehabilitation of status offenders and juvenile delinquents;(10) As necessary, provide for the secure detention of juveniles alleged or adjudicated delinquent;(11) Provide for secure incarceration of children or juveniles adjudicated delinquent and committed to the custody of the director of the Division of Juvenile Services; and(12) Protect the welfare of the general public.(c) It is also the policy of this state to ensure that those persons and entities offering quality child care are not over-encumbered by licensure and registration requirements and that the extent of regulation of child care facilities and child placing agencies be moderately proportionate to the size of the facility.(d) Through licensure, approval, and registration of child care, the state exercises its benevolent police power to protect the user of a service from risks against which he or she would have little or no competence for self protection. Licensure, approval, and registration processes shall, therefore, continually balance the child's rights and need for protection with the interests, rights and responsibility of the service providers.
WV Code § 49-1-106 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 1. General Provisions and Definitions|§49-1-106. Location of Child Welfare Services; State and Federal Cooperation; Juvenile Services

(a) The child welfare service of the state shall be located within and administered by the Department of Health and Human Resources. The Division of Juvenile Services of the Department of Military Affairs and Public Safety shall administer the secure predispositional juvenile detention and juvenile correctional facilities of the state. Notwithstanding any other provision of this code to the contrary, the administrative authority of the Division of Juvenile Services over any child or juvenile in this state extends only to those detained or committed to a secure detention facility or secure correctional facility operated and maintained by the division by an order of a court of competent jurisdiction during the period of actual detention or confinement in the facility.(b) The Department of Health and Human Resources is designated as the state entity to cooperate with the United States Department of Health and Human Services and United States Department of Justice in extending and improving child welfare services, to comply with federal regulations, and to receive and expend federal funds for these services. The Division of Juvenile Services of the Department of Military Affairs and Public Safety is designated as the state entity to cooperate with the United States Department of Health and Human Services and United States Department of Justice in operating, maintaining and improving juvenile correction facilities and centers for the predispositional detention of children, to comply with federal regulations, and to receive and expend federal funds for these services.(c) The Division of Juvenile Services of the Department of Military Affairs and Public Safety is authorized to operate and maintain centers for juveniles needing detention pending disposition by a court having juvenile jurisdiction or temporary care following that court action.
WV Code § 49-1-203 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 1. General Provisions and Definitions|§49-1-203. Definitions Related, but Not Limited To, Licensing and Approval of Programs

When used in this chapter, terms defined in this section have the meanings ascribed to them that relate to, but are not limited to, licensing and approval of programs, except in those instances where a different meaning is provided or the context in which the word used clearly indicates that a different meaning is intended.“Approval” means a finding by the Secretary of the Department of Health and Human Resources that a facility operated by the state has met the requirements of legislative rules promulgated for operation of that facility and that a certificate of approval or a certificate of operation has been issued.“Certification of approval” or “certificate of operation” means a statement issued by the Secretary of the Department of Health and Human Resources that a facility meets all of the necessary requirements for operation.“Certificate of license” means a statement issued by the Secretary of the Department of Health and Human Resources authorizing an individual, corporation, partnership, voluntary association, municipality, or county, or any agency thereof, to provide specified services for a limited period of time in accordance with the terms of the certificate.“Certificate of registration” means a statement issued by the Secretary of the Department of Health and Human Resources to a family child care home, informal family child care home, or relative family child care home to provide specified services for a limited period in accordance with the terms of the certificate.“License” means the grant of official permission to a facility to engage in an activity which would otherwise be prohibited.“Registration” means the grant of official permission to a family child care home, informal family child care home, or a relative family child care home determined to be in compliance with the legislative rules promulgated pursuant to this chapter.“Rule” means legislative rules promulgated by the Secretary of the Department of Health and Human Resources or a statement issued by the Secretary of the Department of Health and Human Resources of the standards to be applied in the various areas of child care.“Variance” means a declaration that a rule may be accomplished in a manner different from the manner set forth in the rule.“Waiver” means a declaration that a certain legislative rule is inapplicable in a particular circumstance.