West Virginia Code 49-4-202 – Notification of possession of relinquished child; department responsibilities
(a) (1) 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 pursuant to § 49-4-201 of this code, 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 the division any information provided by the parent delivering the child. The hospital or health care facility shall refer any inquiries about the child to the Child Protective Services Division.
Terms Used In West Virginia Code 49-4-202
- child: means an individual who meets one of the following conditions:
(A) Is under thirteen years of age. See West Virginia Code 49-1-202
- Child care: means responsibilities assumed and services performed in relation to a child's physical, emotional, psychological, social, and personal needs and the consideration of the child's rights and entitlements, but does not include secure detention or incarceration under the jurisdiction of the Division of Corrections and Rehabilitation pursuant to §. See West Virginia Code 49-1-206
- Contract: A legal written agreement that becomes binding when signed.
- Facility: means a place or residence, including personnel, structures, grounds, and equipment used for the care of a child or children on a residential or other basis for any number of hours a day in any shelter or structure maintained for that purpose. See West Virginia Code 49-1-206
- 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. See West Virginia Code 49-1-204
- Placement: means any temporary or permanent placement of a child who is in the custody of the state in any foster home, kinship parent home, group home, or other facility or residence. See West Virginia Code 49-1-206
(2) Upon taking possession of a child pursuant to § 49-4-201 of this code, a fire department shall:
(A) Deliver the child to the nearest hospital or health care facility as soon as possible, but transport may begin no later than 30 minutes upon taking possession of a child; and
(B) Notify the Child Protective Services Division of the Department of Health and Human Resources within two hours of taking possession of a child:
(i) That it has delivered the child and identify the hospital or health care facility to which it delivered the child; and
(ii) Provide the division any information provided by the parent delivering the child.
(3) The fire department shall refer any inquiries about the child to the Child 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, health care facility, or fire department, and may contract with a private child care agency for the care and placement of the child after the child leaves the hospital, health care facility, or fire department.