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.