§ 48-1-210

W. Va. Code § 48-1-210

Caretaker and caretaking functions defined.

  1. (a) "Caretaker" means a person who performs one or more caretaking functions for a child. The term "caretaking functions" means activities that involve interaction with a child and the care of a child. Caretaking functions also include the supervision and direction of interaction and care provided by other persons.

  2. (b) Caretaking functions include the following:

    1. (1) Performing functions that meet the daily physical needs of the child. These functions include, but are not limited to, the following:

      1. (A) Feeding;
      2. (B) Dressing;
      3. (C) Bedtime and wake-up routines;
      4. (D) Caring for the child when sick or hurt;
      5. (E) Bathing and grooming;
      6. (F) Recreation and play;
      7. (G) Physical safety; and
      8. (H) Transportation.
    2. (2) Direction of the child's various developmental needs, including the acquisition of motor and language skills, toilet training, self-confidence and maturation;
    3. (3) Discipline, instruction in manners, assignment and supervision of chores and other tasks that attend to the child's needs for behavioral control and self-restraint;
    4. (4) Arrangements for the child's education, including remedial or special services appropriate to the child's needs and interests, communication with teachers and counselors and supervision of homework;
    5. (5) The development and maintenance of appropriate interpersonal relationships with peers, siblings and adults;
    6. (6) Arrangements for health care, which includes making medical appointments, communicating with health care providers and providing medical follow-up and home health care;
    7. (7) Moral guidance; and
    8. (8) Arrangement of alternative care by a family member, baby-sitter or other child care provider or facility, including investigation of alternatives, communication with providers and supervision.
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