§49-6B-1. Petition for appointment of special guardian; requirements.
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.

Note: WV Code updated with legislation passed through the 2012 1st Special Session