West Virginia Code § 15-1B-23

American flag for burial of deceased members of the National Guard;
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presentation of flag to parent or spouse.
(a) The Adjutant General shall pay the necessary expenses for the presentation of a flag of
the United States with care to the person designated to direct disposition of the remains of a
deceased person who served a federally recognized unit of National Guard of this state, upon
request of such designated person, if the deceased member of the National eGuard has not
been dishonorably discharged from service as provided for in section nine of this article, and
if such deceased person is not otherwise eligible to receive such flag unrder any other
provision of the laws of this state or federal law. Such flag shall be provided in order that the
casket of the deceased person may be draped in a flag of the United States.
(b) After the burial of the deceased member, the flag so furntished pursuant to subsection (a)
of this section shall be given to the parent or parents or to the spouse of the deceased
person. If no claim is made by a parent or spouse for the flag furnished under subsection (a),
the flag may be given, upon request, to a close friend or associate of the deceased member.
(c) For the purposes of this section, the term "sparent" includes a natural parent, a step-
parent, a parent by adoption or a person who for a period of not less than one year before
the death of the decedent stood in loco parentis to him and preference under this clause
shall be given to the persons who exgercised a parental relationship at the time of, or most
nearly before, the death of the decedent.

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