Senate Bill No. 199

(By Senators Love, Schoonover, Dugan and White)

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[Introduced January 22, 1998; referred to the Committee
on the Judiciary.]
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A BILL to amend article four, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section seventeen, relating to providing that biological grandparents, if financially capable of providing a safe, secure and comfortable home, have first right of adoption; and requiring that circuit courts make every reasonable effort to keep children with their biological families, if such is consistent with the best interests of the child or children.

Be it enacted by the Legislature of West Virginia:
That article four, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section seventeen, to read as follows:
ARTICLE 4. ADOPTION.

§48-4-17. First right of adoption in biological grandparent.

Notwithstanding any other provision of this code to the contrary, a biological grandparent has the first right of adoption if he or she has the financial capacity to provide a safe, secure and comfortable home for the grandchild or grandchildren. Circuit courts of this state shall make every reasonable effort to insure that children remain with their biological families, if possible, and if consistent with the best interests of the child or children affected.



NOTE: The purpose of this bill is to provide that biological grandparents have the first right of adoption, if they are financially capable of providing a safe, secure and comfortable home. This bill would also require that circuit courts make every reasonable effort to keep children with their biological families.

This section is new; therefore, strike-throughs and underscoring have been omitted.