H. B. 4285
(By Delegates Webb, By Request,
Walters and Armstead)
[Introduced February 3, 2004; referred to the
Committee on the Judiciary.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §48-28-1, §48-28-2 and
§48-28-3, all relating to custody of minor child or children
when one spouse murders the other spouse.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended by
adding thereto a new article, designated §48-28-1, §48-28-2 and
§48-28-3, all to read as follows:
ARTICLE 28. CUSTODY OF MINOR CHILDREN OF MURDERED SPOUSE.
§48-28-1. Emergency custody orders of court; hearings; persons
present.
(a) Upon the filing of a verified petition under this article,
a circuit court judge may, without an evidentiary hearing thereon,
enter an emergency custody order placing the minor child or children
of a deceased parent allegedly murdered by the spouse of the deceased parent at or immediately after the arrest of the alleged
murderer. In the emergency custody order, the judge shall provide
that temporary custody of the deceased spouse's minor children shall
be with a suitable adult relative of the deceased parent with
preference first being given to the father and mother of the
deceased parent. If there are no adult relatives of the deceased
parent available or willing to take emergency custody of the
children, then the circuit court judge shall appoint some suitable
person that the court determines to be competent and fit and who
will ensure the welfare and best interests of the child or children.
In no event may emergency custody, custody or guardianship be
granted to any family member of the alleged murderer.
§48-28-2. Length of emergency custody orders of the court;
investigation; report.
The emergency custody order shall continue in effect for not
less than ninety days nor more than six months unless sooner
modified or shortened upon good cause therefor by the judge with
jurisdiction over the matter.
Within thirty days from the grant of emergency custody, as set
forth under the provisions of this section, the court shall order
the department of health and human resources to undertake an
investigation of the person in whose custody the child or children
are placed in the emergency order to ensure that the best interests
of the child or children are protected. The department of health and human resources shall consult with the family members of the
deceased parent to determine the most suitable person to become
guardian of the minor child or children. Upon completion of the
investigation, but not later than thirty days after the referral
from the circuit court, the department of health and human resources
shall file a written report with the court setting forth its
findings and making a recommendation for the appointment of a
guardian.
§48-28-3. Guardianship granted.
Upon a hearing in the matter in which all interested parties
may be heard, if accepted by the court, the person recommended by
the department of health and human resources shall be granted
guardianship of the children.
NOTE: The purpose of this bill is to provide that custody of
the child or children of the parent murdered by his or her spouse
shall be placed with the most suitable member of the victim's
family.
The article is new; therefore, strike-throughs and underscoring
have been omitted.