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Home » US Law » 2022 West Virginia Code » Chapter 49. Child Welfare » Article 4. Court Actions » §49-4-302. Authorizing a Family Court Judge to Order Custody of a Child in Emergency Situations; Requirements; Orders; Investigative Reports; Notification Required

(a) Notwithstanding the jurisdictional limitations contained in section two, article two-a, chapter fifty-one of this code, family court judges are authorized to order the department to take emergency custody of a child who is in the physical custody of a party to an action or proceeding before the family court, if the family court judge finds that there is clear and convincing evidence that:

(1) There exists an imminent danger to the physical well-being of the child as defined in section two hundred one, article one of this chapter;