West Virginia § 49-2-705 Good faith reliance on affidavit; applicability

West Virginia Statutes

§ 49-2-705 — Good faith reliance on affidavit; applicability

West Virginia § 49-2-705

Ch. 49CHILD WELFARE

Art. 2STATE RESPONSIBILITIES FOR CHILDREN

This text of West Virginia § 49-2-705 (Good faith reliance on affidavit; applicability) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 49-2-705 (2026).

Text

(a)Any person who relies in good faith on the affidavit of caregiver consent for a minor's health care:

(1)Has no obligation to conduct any further inquiry or investigation; and

(2)Is not subject to civil or criminal liability or to professional disciplinary action because of the reliance.

(b)Subsection (a) of this section applies even if medical treatment is provided to a minor in contravention of a decision of a parent, legal custodian or guardian of the minor who signed the affidavit if the person providing care has no actual knowledge of the decision of the parent, legal custodian or guardian.

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(a) Any person who relies in good faith on the affidavit of caregiver consent for a minor's health care:

(1) Has no obligation to conduct any further inquiry or investigation; and

(2) Is not subject to civil or criminal liability or to professional disciplinary action because of the reliance.

(b) Subsection (a) of this section applies even if medical treatment is provided to a minor in contravention of a decision of a parent, legal custodian or guardian of the minor who signed the affidavit if the person providing care has no actual knowledge of the decision of the parent, legal custodian or guardian.