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Chapter 49     Entire Code
‹ Chapter 48C  |  Chapter 50 › Printer Friendly Versions
Chapter 49  |  Article 49 - 6E  |  Section 5
WVC 49- CHAPTER 49. CHILD WELFARE.
WVC 49 - 6 E- ARTICLE 6E. EMERGENCY POSSESSION OF CERTAIN ABANDONED CHILDREN.

WVC 49 - 6 E- 1 §49-6E-1. Accepting possession of certain abandoned children.
A hospital or health care facility operating in this state, shall, without a court order, take possession of a child if the child is voluntarily delivered to the hospital or health care facility by the child's parent within thirty days of the child's birth and the parent did not express an intent to return for the child. A hospital or health care facility that takes possession of a child under this section shall perform any act necessary to protect the physical health or safety of the child. In accepting possession of the child, the hospital or health care facility may not require the person to identify themselves, but shall otherwise respect the person's desire to remain anonymous.

WVC 49 - 6 E- 2 §49-6E-2. Notification of possession of abandoned child.
(a) Not later than the close of the first business day after the date on which a hospital or health care facility takes possession of a child under section one of this article, the hospital or health care facility shall notify the child protective services division of the department of health and human resources that it has taken possession of the child and shall provide to the department of health and human resources division of child protective services any information provided by the parent delivering the child. The hospital or health care facility shall refer any inquiries about the child to the department of health and human resources protective services division.

(b) The department of health and human resources shall assume the care, control and custody of the child as of the time of delivery of the child to the hospital or health care facility, and may contract with private child care agency for the care and placement of the child after the child leaves the hospital or health care facility.

WVC 49 - 6 E- 3 §49-6E-3. Filing petition after accepting possession of abandoned child.
A child of whom the department of health and human resources assumes care, control and custody under the provisions of this article shall be deemed an abandoned child and be treated in all respects as a child taken into custody under the provisions of section nine, article six of this chapter. Upon taking custody of a child under the provisions of this article, the department with the cooperation of the county prosecuting attorney shall cause a petition to be presented pursuant to the provisions of section three, article six of this chapter. Thereafter, the department shall proceed in compliance with the provisions of article six of this chapter.

WVC 49 - 6 E- 4 §49-6E-4. Affirmative defense for certain prosecutions.
It is an affirmative defense to prosecution under subsection (a), section four, article eight-d, chapter sixty-one of this code if a parent charged under that section delivered the child, for whom the parent is charged, within thirty days of the child's birth.

WVC 49 - 6 E- 5 §49-6E-5. Placement of child for adoption.
The child shall be eligible for adoption as an abandoned child under article four, chapter forty-eight of the code.

Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§49 - 5 E- 6 A - (New Code)
§49 - 5 E- 6 B - (New Code)
HOUSE BILL - 4437
PASSED - Regular Session

hb4437 ENR  (Uploaded - 03/25/2014)
Relating to the Division of Juvenile Services
§49 - 7 - 1 - (Amended Code)
HOUSE BILL - 4504
PASSED - Regular Session

hb4504 ENR  (Uploaded - 03/25/2014)
Providing for sharing juvenile records in certain circumstances with another state
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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