(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.
(b) Caretaking functions include the following:
(1) Performing functions that meet the daily physical needs of the child. These functions include, but are not limited to, the following:
(A) Feeding;
(B) Dressing;
(C) Bedtime and wake-up routines;
(D) Caring for the child when sick or hurt;
(E) Bathing and grooming;
(F) Recreation and play;
(G) Physical safety; and
(H) Transportation.
(2) Direction of the child's various developmental needs, including the acquisition of motor and language skills, toilet training, self-confidence and maturation;
(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) 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) The development and maintenance of appropriate interpersonal relationships with peers, siblings and adults;
(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) Moral guidance; and
(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.
Structure West Virginia Code
Chapter 48. Domestic Relations
Article 1. General Provisions; Definitions
§48-1-101. Short Title; Intent of Recodification
§48-1-102. Legislative Intent; Continuation of Existing Statutory Provisions
§48-1-103. Operative Date of Enactment; Effect on Existing Law
§48-1-104. West Virginia Code Replacement
§48-1-201. Applicability of Definitions
§48-1-202. Adjusted Gross Income Defined
§48-1-203. Antenuptial or Prenuptial Agreement Defined
§48-1-204. Arrearages or Past Due Support Defined
§48-1-205. Attributed Income Defined
§48-1-206. Automatic Data Processing and Retrieval System Defined
§48-1-207. Basic Child Support Obligation Defined
§48-1-208. Bureau for Child Support Enforcement Defined
§48-1-209. Bureau for Child Support Enforcement Attorney Defined
§48-1-210. Caretaker and Caretaking Functions Defined
§48-1-211. Chief Judge Defined
§48-1-213. Combined Adjusted Gross Income Defined
§48-1-214. Commissioner Defined
§48-1-215. Contingent Fee Agreement Defined
§48-1-217. Court of Competent Jurisdiction Defined
§48-1-218. Custodial Parent Defined
§48-1-219. Custodial Responsibility Defined
§48-1-220. Decision-Making Responsibility Defined
§48-1-222. Domestic Relations Action Defined
§48-1-225. Extraordinary Medical Expenses Defined
§48-1-226. Family Court Judge Defined
§48-1-227. Final Divorce or Final Annulment Order Defined
§48-1-228. Gross Income Defined
§48-1-229. Guardian of the Property of a Child Defined
§48-1-232. Legal Parent Defined
§48-1-233. Marital Property Defined
§48-1-233.1. Mediation Defined
§48-1-235.2. Parenting Functions Defined
§48-1-235.3. Parenting Plan Defined
§48-1-235.4. Permanent Parenting Plan Defined
§48-1-235.5. Rehabilitative Spousal Support Defined
§48-1-237. Separate Property Defined
§48-1-239. Shared Parenting Defined
§48-1-239a. Shared Legal Custody Defined
§48-1-239b. Sole Legal Custody Defined
§48-1-240. Source of Income Defined
§48-1-241. Split Physical Custody Defined
§48-1-241a. Shared Physical Custody Defined
§48-1-241b. Sole Physical Custody Defined
§48-1-242. Spousal Support Defined
§48-1-243. Spousal Support in Gross Defined
§48-1-245. Support Order Defined
§48-1-246. Unreimbursed Health Care Expenses Defined
§48-1-247. Work-Related Child Care Costs Defined
§48-1-301. Communications Between Clergy and Party
§48-1-302. Calculation of Interest
§48-1-303. Confidentiality of Domestic Relations Court Files
§48-1-304. Proceedings in Contempt
§48-1-305. Suit Money, Counsel Fees and Costs
§48-1-306. Proceeding for Release of Support Lien
§48-1-307. Collection of Child or Spousal Support by Collection Agencies