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Introduced Version Senate Bill 263 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 263

(By Senators Love, Anderson, Dugan, Ross,

Fanning, Deem, Prezioso, Dittmar, Minear, Ball, Boley, Hunter, Scott, Wiedebusch and Sharpe)

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[Introduced March 7, 1997; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section one, article two-b, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring that biological grandparents have the first right of adoption under certain circumstances; and providing that circuit courts make every effort to insure that children are kept with their biological families.

Be it enacted by the Legislature of West Virginia:
That section one, article two-b, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2B. GRANDPARENT VISITATION.

§48-2B-1. Legislative findings; intent; definitions.

(a) The Legislature finds that circumstances may arise where it is appropriate for circuit courts of this state to have jurisdiction to grant to the grandparents of minor children a right of visitation to enhance the best interests of the minor child or children as well as the grandparent. The Legislature further finds that in such these situations, as in all situations involving children, the best interests of children must be the paramount consideration. It is the express intent of the Legislature that the provisions for grandparent visitation set forth in this article shall be exclusive and under all circumstances the interests of the child or children involved shall be the court's first and paramount consideration.
(b) For purposes of this article, "grandparent" means a biological grandparent, a person married or previously married to a biological grandparent, or a person who has previously been granted custody of the parent of a minor child with whom visitation is sought by a court of competent jurisdiction.
(c) A biological grandparent has the first right of adoption if he or she has the financial capacity to provide a safe, secure and comfortable home for the grandchild or grandchildren. Circuit courts of this state shall make every effort to insure that these children are kept with their biological families, if possible, and if consistent with the best interests of the child or children affected.

NOTE: The purpose of this bill is to require that biological grandparents have the first right of adoption, if financially capable of providing a safe, secure and comfortable home. The bill also requires that circuit courts make every effort to keep children with their biological families.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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