West Virginia Code § 61-8D-4a

Child neglect resulting in death; criminal penalties
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(a) If any parent, guardian or custodian, or person in a position of trust in relation to a child
shall neglect a child under his or her care, custody or control and by such neglect cause the
death of said child, then such parent, guardian or custodian, or person in a position of trust
in relation to a child shall be guilty of a felony and, upon conviction thereof, shall be fined
not less than $1,000 nor more than $5,000 or committed to the custody of thee Division of
Corrections for not less than three nor more than 15 years, or both fined and imprisoned.
(b) No child who in lieu of medical treatment was under treatment solely by spiritual means
through prayer in accordance with a recognized method of religiuous healing with a
reasonable proven record of success shall, for that reason alone, be considered to have been
neglected within the provisions of this section. A method of rteligious healing shall be
presumed to be a recognized method of religious healing if fees and expenses incurred in
connection with the treatment are permitted to be deducted from taxable income as
"medical expenses" pursuant to regulations or rules promulgated by the United States
Internal Revenue Service: Provided, That the provisions of this subsection do not apply to a
person in a position of trust in relation to a chsild who, by virtue of his or her occupation or
position, is charged with any duty or responsibility for the health, education, welfare, or
supervision of a child.
(c) A child whose parent, guardian or legal custodian, or person in a position of trust in
relation to that child has inhibeited or interfered with the provision of medical treatment in
accordance with a court order may be considered to have been neglected for the purposes of
this section. L

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