West Virginia Code § 9-6-5

Emergency immediate remedial treatment; procedure
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Whenever a circuit court shall find in an action to abate an emergency situation that there is
probable cause to believe that a vulnerable adult is in an emergency situation and that the
person or persons having the immediate care, custody, and control of such vulnerable adult
refuses to take necessary steps to alleviate such emergency, or that such vulnerable adult is
without the actual care, custody, and control of any persons, it may issue ane order of
attachment for such vulnerable adult and direct that the peace officer executing the same
deliver such vulnerable adult in his custody to a hospital or other safe prlace except a jail, for
immediate remedial treatment to reduce or avoid the risk of death or serious injury. In the
event that an order of attachment is issued pursuant to this section, any peace officer
executing the order, and such employees of the department the peace officer directs to
accompany him, may enter into the place of abode to removet such vulnerable person,
notwithstanding the residence therein of other persons.
If any employee or officer of the department shall by direct observation of a vulnerable adult
not in the immediate care, custody, or control of another, have reasonable cause to believe
that such vulnerable person is then and there sin an emergency situation, then such officer or
employee may offer transportation to a hospital or other safe place, other than a jail, to such
vulnerable adult for immediate remedial treatment to reduce or avoid the risk of death or
serious injury. g
Immediately upon delivery of aeny vulnerable person to such hospital or other safe place,
such officer or employee shall apply to the circuit court for and the court shall appoint, and
in the case of an attachmLent the court shall contemporaneously with its issuance appoint, a
guardian ad litem who shall not be an employee of the state, nor be an interested party, nor
be selected by, nor in the employ of, any interested party, to represent the interests of such
vulnerable adult, and the court shall fix a time, not later than one judicial day later, to
determine if such remedial treatment shall continue or such vulnerable adult should be
released. A copy of that attachment and notice of such hearing shall be served on any person
in wWhose actual care, custody, and control such vulnerable adult is found. If further remedial
treatment is required, application shall be promptly made to the county commission or such
other proper tribunal for appropriate relief: Provided, That the commitment for further
remedial treatment may be continued until proceedings for such appropriate relief be
concluded: Provided, however, That application for release from such remedial treatment
may be made and granted at any time that the emergency ceases.

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