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2023 West Virginia Code › Chapter 48. Domestic Relations › Article 29. Property, Rights and Liabilities of Married Women; Husband and Wife › §48-29-301. Requirement of a Writing for Contract Between Husband and Wife

§48-29-301. Requirement of a writing for contract between husband and wife.
A contract between a husband and wife shall not be enforceable by way of action or defense, unless there is some writing sufficient to indicate that a contract has been made between them and signed by the spouse against whom enforcement is sought or by his or her authorized agent or broker.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 29. Property, Rights and Liabilities of Married Women; Husband and Wife › §48-29-303. Liability of Husband and Wife for Purchases and Services

(a) A husband and wife are both liable for the reasonable and necessary services of a physician rendered to the husband or wife while residing together as husband and wife, or for reasonable and necessary services of a physician rendered to their minor child while residing in the family of its parents, and for the rental of any tenement or premises actually occupied by the husband and wife as a residence and reasonably necessary to them for such purpose.
(b) A husband and wife are liable when any article purchased by either goes to:
(1) The support of the family;
(2) The joint benefit of both;
(3) The reasonable apparel of either and their minor child residing in the family;
(4) The reasonable support of a spouse and child while abandoned by the other spouse;
(c) A husband and wife are liable for the reasonable services of any domestic, laborer or other person from which the family or both husband and wife benefit.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 31. Uniform Deployed Parents Custody and Visitation Act › §48-31-103. Remedies for Noncompliance

In addition to other remedies under law of this state other than this article, if a court finds that a party to a proceeding under this article has acted in bad faith or intentionally failed to comply with this article or a court order issued under this article, the court may assess reasonable attorney’s fees and costs against the party and order other appropriate relief.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 31. Uniform Deployed Parents Custody and Visitation Act › §48-31-104. Jurisdiction

(a) A court may issue an order regarding custodial responsibility under this article only if the court has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.
(b) If a court has issued a temporary order regarding custodial responsibility pursuant to this article, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act during the deployment.
(c) If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to the provisions of this article, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.
(d) If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed because of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.
(e) This section does not prevent a court from exercising temporary emergency jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 31. Uniform Deployed Parents Custody and Visitation Act › §48-31-105. Notification Required of Deploying Parent

(a) Except as otherwise provided in subsection (c) or (d) of this section, a deploying parent shall notify in a record the other parent of a pending deployment not later than seven days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent giving notification within the seven days, the deploying parent shall give the notification as soon as reasonably possible.
(b) Except as otherwise provided in subsection (c) or (d) of this section, each parent shall provide in a record the other parent with a plan for fulfilling that parent’s share of custodial responsibility during deployment. Each parent shall provide the plan as soon as reasonably possible after notification of deployment is given under subsection (a) of this section.
(c) If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification of deployment under subsection (a) of this section, or notification of a plan for custodial responsibility during deployment under subsection (b) of this section, may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.
(d) Notification in a record under subsection (a) or (b) of this section is not required if the parents are living in the same residence and both parents have actual notice of the deployment or plan.
(e) In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent’s efforts to comply with this section.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 31. Uniform Deployed Parents Custody and Visitation Act › §48-31-106. Duty to Notify of Change of Address

(a) Except as otherwise provided in subsection (b) of this section, an individual to whom custodial responsibility has been granted during deployment pursuant to the provisions of this article shall notify the deploying parent and any other individual with custodial responsibility of a child of any change of the individual’s mailing address or residence until the grant is terminated. The individual shall provide the notice to any court that has issued a custody or child support order concerning the child which is in effect.
(b) If a court order currently in effect prohibits disclosure of the address or contact information of an individual to whom custodial responsibility has been granted, a notification under subsection (a) of this section may be made only to the court that issued the order. The court shall keep confidential the mailing address or residence of the individual to whom custodial responsibility has been granted.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 31. Uniform Deployed Parents Custody and Visitation Act › §48-31-107. General Consideration in Custody Proceeding of Parent’s Military Service

In a proceeding for custodial responsibility of a child of a service member, a court may not consider a parent’s past deployment or possible future deployment in itself in determining the best interest of the child but may consider any significant impact on the best interest of the child of the parent’s past or possible future deployment.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 31. Uniform Deployed Parents Custody and Visitation Act › §48-31-201. Form of Agreement Addressing Custodial Responsibility During Deployment

(a) The parents of a child may enter into a temporary agreement under this article granting custodial responsibility during deployment.
(b) An agreement under subsection (a) of this section shall be:
(1) In writing; and
(2) Signed by both parents and any nonparent to whom custodial responsibility is granted.
(c) Subject to subsection (d) of this section, an agreement under subsection (a), if feasible, shall:
(1) Identify the destination, duration, and conditions of the deployment that is the basis for the agreement;
(2) Specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent;
(3) Specify any decision-making authority that accompanies a grant of caretaking authority;
(4) Specify any grant of limited contact to a nonparent;
(5) If under the agreement custodial responsibility is shared by the other parent and a nonparent, or by other nonparents, provide a process to resolve any dispute that may arise;
(6) Specify the frequency, duration and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact, and the allocation of any costs of contact;
(7) Specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available;
(8) Acknowledge that any party’s child-support obligation cannot be modified by the agreement, and that changing the terms of the obligation during deployment requires modification in the appropriate court;
(9) Provide that the agreement will terminate according to the procedures specified in this article after the deploying parent returns from deployment; and
(10) If the agreement must be filed pursuant to section two hundred five of this article, specify which parent is required to file the agreement.
(d) The omission of any of the items specified in subsection (c) of this section does not invalidate an agreement under this section.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 31. Uniform Deployed Parents Custody and Visitation Act › §48-31-202. Nature of Authority Created by Agreement

(a) An agreement under this article is temporary and terminates pursuant to the provisions of this article after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under section two hundred three of this article. The agreement does not create an independent, continuing right to caretaking authority, decision-making authority or limited contact in an individual to whom custodial responsibility is given.
(b) A nonparent who has caretaking authority, decision-making authority or limited contact by an agreement under this article has standing to enforce the agreement until it has been terminated by court order, by modification under section two hundred three of this article, or under other provisions of this article.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 31. Uniform Deployed Parents Custody and Visitation Act › §48-31-203. Modification of Agreement

(a) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to this article.
(b) If an agreement is modified under subsection (a) of this section before deployment of a deploying parent, the modification shall be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
(c) If an agreement is modified under subsection (a) of this section during deployment of a deploying parent, the modification shall be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 31. Uniform Deployed Parents Custody and Visitation Act › §48-31-204. Power of Attorney

A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than this article, or if a court order currently in effect prohibits contact between the child and the other parent. The deploying parent may revoke the power of attorney by signing a revocation of the power.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 31. Uniform Deployed Parents Custody and Visitation Act › §48-31-205. Filing Agreement or Power of Attorney With Court

An agreement or power of attorney under this article shall be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power. The case number and heading of the pending case concerning custodial responsibility or child support shall be provided to the court with the agreement or power.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 31. Uniform Deployed Parents Custody and Visitation Act › §48-31-301. Proceeding for Temporary Custody Order

(a) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the Service Members Civil Relief Act, 50 U.S.C. §3931 and §3932. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.
(b) At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion shall be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under section one hundred four of this article or, if there is no pending proceeding in a court with jurisdiction under section one hundred four of this article, in a new action for granting custodial responsibility during deployment.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 Bureau for Social Services. The Division of Corrections and Rehabilitation of the Department of Homeland Security 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 Corrections and Rehabilitation 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:
Provided
, That beginning January 1, 2024, the Department of Human Services 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 Corrections and Rehabilitation of the Department of Homeland Security 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 Corrections and Rehabilitation of the Department of Homeland Security 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.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 1. General Provisions and Definitions › §49-1-202. Definitions Related, but Not Limited, to Adult, Child, Developmental Disability, and Transitioning Adult Status

When used in this chapter, terms defined in this section have the meanings ascribed to them that relate to, but are not limited to, adult, child, developmental disability, and transitioning adult status, except in those instances where a different meaning is provided or the context in which the word is used clearly indicates that a different meaning is intended.
"Adult" means a person who is at least eighteen years of age.
“Child” or “Juvenile” means any person under eighteen years of age or is a transitioning adult. Once a child or juvenile is transferred to a court with criminal jurisdiction pursuant to section seven hundred ten, article four of this chapter, he or she shall remain a child or juvenile for the purposes of the applicability of this chapter. Unless otherwise stated, for the purpose of child care services “child” means an individual who meets one of the following conditions:
(A) Is under thirteen years of age;
(B) Is thirteen to eighteen years of age and under court supervision; or
(C) Is thirteen to eighteen years of age and presenting a significant delay of at least twenty-five percent in one or more areas of development, or a six month delay in two or more areas as determined by an early intervention program, special education program or other multidisciplinary team.
“Juvenile delinquent” means a juvenile who has been adjudicated as one who commits an act which would be a crime under state law or a municipal ordinance if committed by an adult.
“Status offender” means a juvenile who has been adjudicated as one:
(A) Who habitually and continually refuses to respond to the lawful supervision by his or her parents, guardian or legal custodian such that the juvenile's behavior substantially endangers the health, safety or welfare of the juvenile or any other person;
(B) Who has left the care of his or her parents, guardian or custodian without the consent of that person or without good cause; or
(C) Who is habitually absent from school without good cause.
“Transitioning adult” means an individual with a transfer plan to move to an adult setting who meets one of the following conditions:
(A) Is eighteen years of age but under twenty-one years of age, was in the custody of the Department of Health and Human Resources upon reaching eighteen years of age and committed an act of delinquency before reaching eighteen years of age, remains under the jurisdiction of the juvenile court, and requires supervision and care to complete an education and or treatment program which was initiated prior to the eighteenth birthday; or
(B) Is eighteen years of age but under twenty-one years of age, was adjudicated abused, neglected, or in the custody of the Department of Health and Human Resources upon reaching eighteen years of age and enters into a contract with the Department of Health and Human Resources to continue in an educational, training, or treatment program which was initiated prior to the eighteenth birthday.
2023 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.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 1. General Provisions and Definitions › §49-1-204. Definitions Related, but Not Limited, to Custodians, Legal Guardians and Family

When used in this chapter, terms defined in this section have the meanings ascribed to them that relate to, but are not limited to, custodians, legal guardians and family, except in those instances where a different meaning is provided or the context in which the word is used clearly indicates that a different meaning is intended.
“Caregiver” means any person who is at least eighteen years of age and:
(A) Is related by blood, marriage or adoption to the minor, but who is not the legal custodian or guardian of the minor; or
(B) Has resided with the minor continuously during the immediately preceding period of six months or more.
“Custodian” means a person who has or shares actual physical possession or care and custody of a child, regardless of whether that person has been granted custody of the child by any contract or agreement.
“Dysfunctional family,” for the purposes of part two, article two of this chapter, means a parent or parents or an adult or adults and a child or children living together and functioning in an impaired or abnormal manner so as to cause substantial physical or emotional danger, injury or harm to one or more children thereof regardless of whether those children are natural offspring, adopted children, step children or unrelated children to that parents.
“Legal or minor guardianship” means the permanent relationship between a child and a caretaker, established by order of the court having jurisdiction over the child or juvenile, pursuant to this chapter and chapter forty-four of this code.
“Parent” means an individual defined as a parent by law or on the basis of a biological relationship, marriage to a person with a biological relationship, legal adoption or other recognized grounds.
“Parental rights” means any and all rights and duties regarding a parent to a minor child.
“Parenting skills” means a parent's competency in providing physical care, protection, supervision and psychological support appropriate to a child's age and state of development.
“Siblings” means children who have at least one biological parent in common or who have been legally adopted by the same parent or parents.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 1. General Provisions and Definitions › §49-1-205. Definitions Related, but Not Limited, to Developmental Disabilities

When used in this chapter, terms defined in this section have the meanings ascribed to them that relate to, but are not limited to, developmental disabilities, except in those instances where a different meaning is provided or the context in which the word is used clearly indicates that a different meaning is intended.
“Developmental disability” means a severe, chronic disability of a person which:
(A) Is attributable to a mental or physical impairment or a combination of mental and physical impairments;
(B) Is manifested before the person attains age twenty-two;
(C) Results in substantial functional limitations in three or more of the following areas of major life activity:
(i) Self-care;
(ii) Receptive and expressive language;
(iii) Learning;
(iv) Mobility;
(v) Self-direction;
(vi) Capacity for independent living; and
(vii) Economic self-sufficiency; and
(D) Reflects the person's need for services and supports which are of lifelong or extended duration and are individually planned and coordinated.
(E) The term “developmental disability”, when applied to infants and young children, means individuals from birth to age five, inclusive, who have substantial developmental delays or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided.
“Family or primary caregiver,” for the purposes of part six, article two of this chapter, means the person or persons with whom the developmentally disabled person resides and who is primarily responsible for the physical care, education, health and nurturing of the disabled person pursuant to the provisions of part six, article two of this chapter. The term does not include hospitals, nursing homes, personal care homes or any other similar institution.
“Legal guardian,” for the purposes of part six of article two of this chapter, means the person who is appointed legal guardian of a developmentally disabled person and who is responsible for the physical and financial aspects of caring for that person, regardless of whether the disabled person resides with his or her legal guardian or another family member.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 1. General Provisions and Definitions › §49-1-207. Definitions Related to Court Actions

When used in this chapter, terms defined in this section have the meanings ascribed to them that relate to, but are not limited to, court actions, except in those instances where a different meaning is provided or the context in which the word is used clearly indicates that a different meaning is intended.
“Court” means the circuit court of the county with jurisdiction of the case or the judge in vacation unless otherwise specifically provided.
“Court appointed special advocate (CASA) program” means a community organization that screens, trains and supervises CASA volunteers to advocate for the best interests of children who are involved in abuse and neglect proceedings section one hundred two, article three of this chapter.
“Extrajudicial Statement” means any utterance, written or oral, which was made outside of court.
“Juvenile referee” means a magistrate appointed by the circuit court to perform the functions expressly prescribed for a referee under the provisions of this chapter.
“Multidisciplinary team” means a group of professionals and paraprofessionals representing a variety of disciplines who interact and coordinate their efforts to identify, diagnose and treat specific cases of child abuse and neglect. Multidisciplinary teams may include, but are not limited to, medical, educational, child care and law-enforcement personnel, social workers, psychologists and psychiatrists. Their goal is to pool their respective skills in order to formulate accurate diagnoses and to provide comprehensive coordinated treatment with continuity and follow-up for both parents and children.
“Community team” means a multidisciplinary group which addresses the general problem of child abuse and neglect in a given community and may consist of several multidisciplinary teams with different functions.
“Res gestae” means a spontaneous declaration made by a person immediately after an event and before the person has had an opportunity to conjure a falsehood.
“Valid court order” means an order issued by a court of competent jurisdiction relating to a child brought before the court and who is the subject of that order. Prior to the entry of the order the child shall have received the full due process rights guaranteed to that child or juvenile by the Constitutions of the United States and the State of West Virginia.
“Violation of a traffic law of West Virginia” means a violation of chapter seventeen-a, seventeen-b, seventeen-c or seventeen-d of this code except a violation of section one or two, article four, chapter seventeen-c of this code relating to hit and run or section one, two or three, article five of that chapter, relating, respectively, to negligent homicide, driving under the influence of alcohol, controlled substances or drugs and reckless driving.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 1. General Provisions and Definitions › §49-1-208. Definitions Related, but Not Limited, to State and Local Agencies

When used in this chapter, terms defined in this section have the meanings ascribed to them that relate to, but are not limited to, state and local agencies, except in those instances where a different meaning is provided or the context in which the word is used clearly indicates that a different meaning is intended.
“Department” or “state department” means the West Virginia Department of Health and Human Resources.
“Division of Juvenile Services” means the division within the West Virginia Department of Military Affairs and Public Safety.
“Law-enforcement officer” means a law-enforcement officer of the State Police, a municipality or county sheriff's department.
“Secretary” means the Secretary of the West Virginia Department of Health and Human Resources.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 1. General Provisions and Definitions › §49-1-209. Definitions Related, but Not Limited, to Missing Children

As used in article six of this chapter:
“Child” means an individual under the age of eighteen years who is not emancipated;
“Clearinghouse” means the West Virginia missing children information clearinghouse;
“Custodian” means a parent, guardian, custodian or other person who exercises legal physical control, care or custody of a child;
“Missing child” means a child whose whereabouts are unknown to the child's custodian and the circumstances of whose absence indicate that:
(A) The child did not leave the care and control of the custodian voluntarily and the taking of the child was not authorized by law; or
(B) The child voluntarily left the care and control of his or her custodian without the custodian's consent and without intent to return;
“Missing child report” means information that is:
(A) Given to a law-enforcement agency on a form used for sending information to the national crime information center; and
(B) About a child whose whereabouts are unknown to the reporter and who is alleged in the form submitted by the reporter to be missing;
“Possible match” means the similarities between an unidentified body of a child and a missing child that would lead one to believe they are the same child;
“Reporter” means the person who reports a missing child; and
“State agency” means an agency of the state, political subdivision of the state or public post-secondary educational institution.