H. C. R. 26
(By Mr. Speaker, Mr. Chambers, and Delegate Fleischauer, et al)
Requesting the Joint Standing Committee on the Judiciary to study
what legal remedies might be available to ensure the well
being of children whose parental status is in limbo.
Whereas, There are instances when neither natural parent of
a child is able or capable of raising that child; and
Whereas, Such instances might include a child with only one
legal parent who is incarcerated in a penal institution but will
not give up parental rights; a child with a legal parent whose
rights to other children have been legally terminated; a child
who has been born to an incarcerated mother and is being raised
in a loving, stable home by persons who wish to adopt the child;
a child who has been adopted and lived for some time with
adoptive parents but the legality of the adoption is challenged
later by a birth parent; or a child who has been informally
abandoned to the care of others for a year by its birth parents;
and
Whereas, There is at present no effective legal remedy for
children in the above and similar circumstances that would permit
them to enjoy the benefits of living in a stable and permanent
family relationship; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Standing Committee on the Judiciary is hereby
requested to study what legal remedies might be available to
permit children to enjoy the benefits of living in a stable and
permanent family relationship, thereby helping to ensure their
well being in the above and similar circumstances; and, be it
Further Resolved, That the Joint Standing Committee on the
Judiciary report to the regular session of the Legislature, 1997,
on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its
recommendations.