CHAPTER 49. CHILD WELFARE.
ARTICLE 6B. APPOINTMENT OF SPECIAL GUARDIAN TO SECURE MEDICAL
TREATMENT FOR PERSONS UNDER EIGHTEEN YEARS OF AGE.
§49-6B-1. Petition for appointment of special guardian;
Upon the verified petition of any person showing: (a) That any
person under the age of eighteen years is threatened with or there
is a substantial possibility that such person will suffer death,
serious or permanent physical or emotional disability,
disfigurement or suffering and (b) that such disability,
disfigurement or suffering is the result of the failure or refusal
of any parent, guardian or custodian to procure, consent to or
authorize necessary medical treatment, the circuit court of the
county in which such person is located may direct the appointment
of a special guardian for the purposes of procuring, consenting to
and giving authorization for the administration of necessary
medical treatment. The circuit court shall not consider any
petition filed in accordance with this section unless it shall be
accompanied by a supporting affidavit of a licensed physician.
§49-6B-2. Notice of petition.
So far as practicable, the parents, guardian or custodian of
any person for whose benefit medical treatment is sought shall be
given notice of the petition for the appointment of a special
guardian under this article: Provided,
That such notice shall not
be necessary if it would cause such delay as would result in the
death or irreparable harm to the person for whose benefit medical
treatment is sought. Such notice may be given in such form and
manner as may be necessary under the circumstances.
§49-6B-3. Discharge of special guardian.
Upon the termination of necessary medical treatment to any
person under this article, the circuit court shall, by order,
direct the discharge of the special guardian from any further
authority, responsibility or duty.
§49-6B-4. Immunity from civil liability.
No person appointed special guardian in accordance with the
provisions of this article shall be civilly liable for any act done
by virtue of the authority vested in him by order of the circuit
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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