SENATE CONCURRENT RESOLUTION NO. 86
(By Senator Unger)
Requesting the Joint Committee on Government and Finance study
consent to health care of minors by caregivers in the State of
West Virginia.
Whereas, Minor children oftentimes reside with a caregiver who
is related by blood, marriage or adoption, but who is not the legal
custodian or guardian of the minor; and
Whereas, Minor children may require medically necessary health
care and treatment at times when their legal custodian or guardian
is not available or present; and
Whereas, At such times when a legal custodian or guardian of
a minor child is not available, and a caregiver is available to
give consent on behalf of a minor to primary and preventive medical
and dental care and diagnostic testing, and other medically
necessary health care and treatment; and
Whereas, A legal custodian or guardian may provide a notarized
affidavit of caregiver consent for a minor's health care without
giving the caregiver legal custody of the minor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study consent to health care of minors by caregivers
in the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2009, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.