West Virginia Code 44C-1-5 – Cooperation between courts
(a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
Terms Used In West Virginia Code 44C-1-5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Protected person: as used in this chapter , has the meaning ascribed to it in subsection thirteen-b, section four, article one, chapter . See West Virginia Code 44C-1-2
- Protective proceeding: means a judicial proceeding in which a protective order, as defined in this section, is sought or has been issued. See West Virginia Code 44C-1-2
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See West Virginia Code 44C-1-2
- Respondent: means an adult for whom a protective order or the appointment of a guardian is sought. See West Virginia Code 44C-1-2
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe or any territory or insular possession subject to the jurisdiction of the United States. See West Virginia Code 44C-1-2
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(1) Hold an evidentiary hearing;
(2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;
(3) Order that an evaluation or assessment be made of the respondent;
(4) Order any appropriate investigation of a person involved in a proceeding;
(5) Forward to the court of this state a certified copy of the transcript or other record of a hearing under subdivision (1) of this subsection or any other proceeding, any evidence otherwise produced under subdivision (2) of this subsection and any evaluation or assessment prepared in compliance with an order under subdivision (3) or (4) of this subsection;
(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person;
(7) Issue an order authorizing the release of medical, financial, criminal or other relevant information in that state, including protected health information as defined in 45 C.F.R. § 164.504, as amended.
(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a) of this section, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.