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Chapter 49     Entire Code
‹ Chapter 48C  |  Chapter 50 › Printer Friendly Versions
Chapter 49  |  Article 49 - 6B  |  Section 3
WVC 49- CHAPTER 49. CHILD WELFARE.
WVC -6B- ARTICLE 6B. APPOINTMENT OF SPECIAL GUARDIAN TO SECURE MEDICAL TREATMENT FOR PERSONS UNDER EIGHTEEN YEARS OF AGE.

WVC 49-6B-1 §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.

WVC 49-6B-2 §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.

WVC 49-6B-3 §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.

WVC 49-6B-4 §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 court.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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