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WEST VIRGINIA CODE

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WVC 49 - 1 - 204 §49-1-204. Definitions related, but not limited, to custodians, legal guardians and family.

     When used in this chapter, terms defined in this section have the meanings ascribed to them that relate to, but are not limited to, custodians, legal guardians and family, except in those instances where a different meaning is provided or the context in which the word is used clearly indicates that a different meaning is intended.

     "Caregiver" means any person who is at least eighteen years of age and:

     (A) Is related by blood, marriage or adoption to the minor, but who is not the legal custodian or guardian of the minor; or

     (B) Has resided with the minor continuously during the immediately preceding period of six months or more.

     "Custodian" means a person who has or shares actual physical possession or care and custody of a child, regardless of whether that person has been granted custody of the child by any contract or agreement.

     "Dysfunctional family," for the purposes of part two, article two of this chapter, means a parent or parents or an adult or adults and a child or children living together and functioning in an impaired or abnormal manner so as to cause substantial physical or emotional danger, injury or harm to one or more children thereof regardless of whether those children are natural offspring, adopted children, step children or unrelated children to that parents.

     "Legal or minor guardianship" means the permanent relationship between a child and a caretaker, established by order of the court having jurisdiction over the child or juvenile, pursuant to this chapter and chapter forty-four of this code.

     "Parent" means an individual defined as a parent by law or on the basis of a biological relationship, marriage to a person with a biological relationship, legal adoption or other recognized grounds.

     "Parental rights" means any and all rights and duties regarding a parent to a minor child.

     "Parenting skills" means a parent's competency in providing physical care, protection, supervision and psychological support appropriate to a child's age and state of development.

     "Siblings" means children who have at least one biological parent in common or who have been legally adopted by the same parent or parents.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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