COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 109
(By Senators Hunter, Unger and Dempsey)
____________
[Originating in the Committee on the Judiciary;
reported January 24, 2003.]
____________
A BILL to amend article nine, 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
six hundred five, relating to notification to a third party of
the entry of an order which impacts a child's care and
education.
Be it enacted by the Legislature of West Virginia:
That article nine, 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 six
hundred five, to read as follows:
ARTICLE 9. CUSTODY OF CHILDREN.
§48-9-605. Notification to a third party of entry of an order
affecting a child's care and education.
If a court of this state enters an order in any proceeding
filed pursuant to this chapter which contains any provision
affecting the care and education of a child and the court further
determines a third party should be advised of the provision, the
judge or magistrate shall include within the order a provision
directing the clerk of court to send a certified letter making the
third party aware of the provisions of the order. The judge shall
specify the third parties who shall receive such notice and the
information contained in the order that is to be provided to the
third party. Any costs associated with mailing the aforementioned
notification shall be taxed as a cost to the parties to the action.
________
(NOTE: The purpose of this bill is to require the clerk of
the court to provide notification to a third party of any aspect of
an order affecting a child and which the court determines the third
party should be made aware.
This section is new; therefore, strike-throughs and
underscoring have been omitted.)