Senate Bill No. 643
(By Senators Rowe, Mitchell and Caldwell)
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[Introduced March 26, 2001; referred to the Committee on the
Judiciary.]
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A BILL to amend chapter forty-nine of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two-e, relating to
providing certain caretakers related to a child who have been
permitted to have exclusive custody of the child for at least
two continuous months be authorized to obtain medical and
dental treatment for the child, as well as school placement
for the child; providing that a caretaker relative asserting
authorization to act pursuant to the provisions of this
section shall provide an affidavit to medical or dental
providers or school officials; setting forth the contents of
the affidavit; providing that, after a child has been permitted to reside with an adult caretaker relative, the
child shall remain in such relative's care in the event the
child's parent or guardian dies or becomes incapacitated until
a court can determine the placement of the child in the best
interest of the child; and providing that nothing in the
section may limit a parent, guardian or other interested
person from asserting rights to custody, care or control of
the child.
Be it enacted by the Legislature of West Virginia:
That chapter forty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article two-e, to read as
follows:
ARTICLE 2E. AUTHORIZATION FOR CARETAKER RELATIVE.
§49-2E-1.
Authorization for caretaker relative to obtain services
for a child in their household care.
(a) When a parent or guardian has permitted voluntarily a
child for whom he or she has primary custody and control, to reside
away from the household of such parent or guardian, for at least
two continuous months in the household of an adult, who is at least
five years older than the child and who is related to the child by
consanguinity or marriage as a grandparent, step grandparent, great grandparent, step great grandparent, sibling or step sibling of the
child or is a sibling of a parent or grandparent of the child, the
caretaker relative of the child is authorized to obtain medical and
dental treatment and school placement for the child and shall be
provided records thereof by medical providers, dentists and school
officials upon presentment of an affidavit to the provider or
appropriate school official.
(b) Any caretaker relative asserting the authorization of this
section for medical or dental treatment for the child or school
placement of the child shall upon request give the provider or
appropriate school official an affidavit, to be kept with the
records for the child's treatment or placement entitled
"Authorization Affidavit of Caretaker Relative," stating the true
information under oath or affirmation, of each of the following:
(1) The name, household address of the caretaker relative and
the name and age of the child, and the names and ages of any
siblings of the child and their last known addresses.
(2) The full names, ages and last known addresses of the
parents of the child, and any guardian of the child.
(3) The family relationship of the caretaker relative to the
child and that the caretaker relative is at least five years older than the child.
(4) The child has resided exclusively for at least two
continuous months, immediately preceding the date authorization is
asserted by the caretaker relative, in the household of the
caretaker relative and during that time no parent or guardian of
the child has also lived in that same household except on an
occasional and infrequent basis, being no more than three nights in
succession at a time.
(5) The time or times during the life of the child during
which the child has been in the care of the caretaker relative and
whether or not that care has been joint with or exclusive of care
of the parents or guardian of the child.
(6) The caretaker relative has never been arrested or
convicted of any crime involving any sexual offense or any offense
of domestic violence or abuse against any child, senior or other
individual in the household or care of the caretaker relative, nor
has the caretaker relative been involved in any judicial or
administrative proceeding involving any child who has been alleged
to be abused or neglected by the caretaker relative or by any
person in the household of the caretaker relative at the time of
such allegation of abuse or neglect.
(7) The affidavit may contain other information establishing
the basis for the authorization for treatment and school placement
of the child by the caretaker relative.
(c) If anytime after a child has been permitted to reside
exclusively in the household of an adult caretaker, the parent or
guardian who has allowed such exclusive care by the adult relative,
dies or becomes incapacitated or incarcerated, the child shall
remain in the care and household of the caretaker relative until a
judicial proceeding is conducted to determine the best interest of
the child regarding the child's custody and care.
(d) Nothing in this section shall limit any parent, guardian
or other interested party from asserting any rights which that
person may have to custody, care and control of the child or
visitation with the child, in any judicial or administrative
proceeding. The fact of the child's exclusive residence in the
household of the caretaker relative shall be considered in any such
proceedings when the best interests of the child are at issue.
NOTE: The purpose of this bill is to
authorize certain adults
related to a child who have been given exclusive custody of the
child for at least two continuous months to obtain medical and
dental treatment for the child as well as school placement. The bill also provides that a caretaker relative asserting
authorization to act pursuant to the provisions of this section
provide an affidavit to medical or dental providers or school
officials. It further enumerates what is to be contained in the
affidavit. The bill provides that after a child has been permitted
to reside with a caretaker relative that the child remain in such
relative's care in the event the child's parent or guardian dies or
becomes incapacitated. Finally, it provides that nothing contained
in the section may limit a parent, guardian or other interested
person from asserting rights to child custody, care or control.
The article
is new, therefore strike-throughs and underscoring
have been omitted.