SB 795
Permitting parents and guardians to pay for independent medical evaluation of child in protective custody
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill allows parents and guardians in West Virginia to pay for an independent medical evaluation of a child who is in temporary protective custody. Currently, if a child’s parents refuse medical treatment or are unavailable, the state can retain the child in a hospital. This bill would grant parents the right to request and pay for an independent evaluation to assess the child’s condition and determine if the state’s actions are justified. It also establishes a process for appointing a special guardian if a parent’s refusal to consent to medical treatment is believed to be harming the child.
Key provisions
- Parents/guardians can pay for an independent medical evaluation of a child in protective custody.
- Allows a child to be held in a hospital against the will of parents/guardians for up to 96 hours for emergency medical treatment.
- Parents have the right to see and visit with the child in the hospital and obtain an independent medical evaluation.
- Establishes a process for appointing a special guardian if a parent refuses medical treatment.
- Requires law enforcement to provide notice to parents/guardians when a child is taken into protective custody.
- Specifies procedures for notifying relatives and neighbors of custody actions.
- Requires a physician’s affidavit to support a petition for a special guardian.
- Provides immunity from civil liability for special guardians.
Who is affected
- Parents
- Guardians
- Children in protective custody
- Child Protective Services agencies
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yours