West Virginia Code 49-1-209 – Definitions related, but not limited, to missing children
As used in article six of this chapter:
Terms Used In West Virginia Code 49-1-209
- child: means an individual who meets one of the following conditions:
(A) Is under thirteen years of age. See West Virginia Code 49-1-202
- Custodian: means a person who has or shares actual physical possession or care and custody of a child, regardless of whether that person has been granted custody of the child by any contract or agreement. See West Virginia Code 49-1-204
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Parent: means an individual defined as a parent by law or on the basis of a biological relationship, marriage to a person with a biological relationship, legal adoption or other recognized grounds. See West Virginia Code 49-1-204
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
“Child” means an individual under the age of eighteen years who is not emancipated;
“Clearinghouse” means the West Virginia missing children information clearinghouse;
“Custodian” means a parent, guardian, custodian or other person who exercises legal physical control, care or custody of a child;
“Missing child” means a child whose whereabouts are unknown to the child's custodian and the circumstances of whose absence indicate that:
(A) The child did not leave the care and control of the custodian voluntarily and the taking of the child was not authorized by law; or
(B) The child voluntarily left the care and control of his or her custodian without the custodian's consent and without intent to return;
“Missing child report” means information that is:
(A) Given to a law-enforcement agency on a form used for sending information to the national crime information center; and
(B) About a child whose whereabouts are unknown to the reporter and who is alleged in the form submitted by the reporter to be missing;
“Possible match” means the similarities between an unidentified body of a child and a missing child that would lead one to believe they are the same child;
“Reporter” means the person who reports a missing child; and
“State agency” means an agency of the state, political subdivision of the state or public post-secondary educational institution.