Chapter 26. STATE BENEVOLENT INSTITUTIONS.
Article 1. Children’s Home.
Revisers’ Note.—State institutions for the insane and feeble minded, although within the scope of this chapter title, are dealt with in c. 27.
Revisers’ Note.—Section 3, c. 80, Acts 1909, is omitted from this Code because in part temporary and executed, and in part covered by the provisions of art. 1, c. 25.
§1. Continuation; Management.—The West Virginia children’s home, heretofore established, shall be continued, and shall be managed, directed and controlled as prescribed in article one, chapter twenty-five of this Code.(1909, c. 80, §1; 1917, c. 23, §1; Code 1923, c. 15K, §1.)
Revisers’ Note.—Section 1, c. 15K, Code 1923, is redrafted.
§2. Admission of Inmates.—The state board of control shall admit to the care and custody of said home white children surrendered or committed to the home in any manner authorized by law, and such children shall be kept, maintained and educated therein until they can be placed by legal, authority in suitable homes elsewhere.(1909, c. 80, §2.)
Revisers’ Note.—This section is a redraft of the last part of §2, c. 80, Acts 1909. The provisions relating to the admission of children are general and include those surrendered or committed to the home by the state board of children’s guardians, by any court of competent jurisdiction, or by any other agency or in any other manner authorized by law.
§3. Rules and Regulations.—The state board of control shall make such rules and regulations relative to the management, government, instruction, discipline, employment and disposition of the children in said home, not contrary to law, as the board may deem proper.(1909, c. 80, §4; 1917, c. 23, §4; Code 1923, c. 15K, §4.)
Revisers’ Note.—The provision of the original section that the board of control “shall appoint such officers, agents and servants as it may deem necessary to transact the business and carry on the operation of said home, and may designate their duties and fix their compensation,” is omitted because §11, art. 1, c. 25, requires the governor to appoint the superintendent of the home, and authorizes the superintendent to appoint all assistants and employees required for the management of the institution, after the number of such assistants and employees, and their compensation, have first been fixed by the state board of control.
Article 2. Colored Children’s Home.
Revisers’ Note.—Section 2, c. 57B, Code 1923, is omitted from this Code because temporary and executed.
§1. Continuation; Management.—The West Virginia colored orphans’ home, heretofore established, shall be continued under the name of the West Virginia colored children’s home, and shall be managed, directed and controlled as prescribed in article one, chapter twenty-five of this Code.(1911, c. 24, §1; Code 1923, c. 57B, §1.)
Revisers’ Note.—This section is a redraft of §1, c. 57B, Code 1923. The name of the institution is changed to West Virginia colored children’s home, because §4, c. 57B, Code 1923 (§2 of this article), provided for the admission of many colored children who were not orphans.
§2. Admission of Inmates.—The state board of control shall admit to the care and custody of said home orphan colored children under sixteen years of age, other colored children of like age who may be surrendered to said home by their parents, or surviving parent if one be dead, in case such parent or parents are invalids, and such other colored children as may be surrendered or committed to the home in any other manner authorized by law. Such children shall be kept, maintained and educated in said home until they can be placed by legal authority in suitable homes elsewhere.(1911, c. 24, §4; Code 1923, c. 57B, §4.)
Revisers’ Note.—This section is a redraft of §4, c. 57B, Code 1923. The words “or surviving parent if one be dead” are new. The provisions relating to the admission of children, other than orphans and those whose parents are invalids, are general and include those surrendered or committed to the home by the state board of children’s guardians, by any court of competent jurisdiction, or by any other agency or in any other manner authorized by law.
§3. Rules and Regulations.—The state board of control shall make such rules and regulations relative to the management, government, instruction, discipline, employment and disposition of the children in said home, not contrary to law, as said board may deem proper.(1911, c. 24, §3; Code 1923, c. 57B, §3.)
Revisers’ Note.—The provision of §3, c. 57B, Code 1923, that the board of control “shall appoint and fix the salaries of such officers, agents and servants as it may deem necessary to transact the business and carry on the operation of said home and prescribe the duties of each person so employed,” is omitted because §11, art. 1, c. 25, requires the governor to appoint the superintendent of the home, and authorizes the superintendent to appoint all assistants and employees required for the management of the institution, after the number of such assistants and employees, and their compensation, have first been fixed by the state board of control.
Article 3. Home for Aged and Infirm Men and Women.
Revisers’ Note.—There is as yet no statutory provision for a home such as that contemplated in the foregoing title, although provision is made in art. 4 for a similar home for aged and infirm colored men and women. The logic of events, however, leads to the belief that the legislature will some day create such a home for white men and women, to the current expense of which each county will contribute in proportion to the number of inmates therein from such county. In this manner counties that so desire may be relieved of the burden and expense of providing and maintaining county infirmaries, which, except in rare instances, are inefficiently and unsatisfactorily managed and result in unnecessary duplication of expense. For these reasons provision is here made for the insertion of an article creating such an institution, in order that a logical arrangement of articles may be obtained.
Article 4. Home for Aged and Infirm Colored Men and Women.
Revisers’ Note.—Section 2, c. 64, Acts 1923, is omitted because the first half of the section is temporary and executed and the second half unnecessary.
§1. Continuation; Management; Superintendent.—The West Virginia home for aged and infirm colored men and women, heretofore established, shall be continued, and shall be managed, directed and controlled as provided in article one, chapter twenty-five of this Code. The chief executive officer thereof shall be the superintendent, who shall be a citizen of this State and a person of good executive ability.(1923, c. 64, §1.)
Revisers’ Note.—Portions of §1, c. 64, Acts 1923, covered by the provisions of art. 1, c. 25, are omitted.
§2. Admission of Inmates.—Any colored man or woman who, because of extreme old age, or because of feeble, infirm or impaired physical condition, is without means to support himself or herself, and has no relatives, friends or organization upon whom or which to depend for care and support, shall be eligible for admission to said home, provided his or her admission to the home shall first have been recommended by the county court of the county of this State in which the individual seeking admission resided at the date of application therefor.(1923, c. 64, §3.)
Revisers' Note.—Section 3, c. 64, Acts 1923, is redrafted with but few changes. The words “recommended by the county court” are used in lieu of “recommended by a majority of the members of the county court, or the clerk thereof in vacation,” because it is deemed unwise to permit the clerk of the county court, acting alone, to subject the county to the financial burden imposed by the next succeeding section of this article. The words “resided at the date of application therefor” are used in lieu of words “last resided preceding their admission to said home.”
§3. Expenses to be Paid by Counties.—The pay for the care and accommodation of any person who may be admitted to the home shall be provided by the county court of the county which recommended his admission; and such county court shall also pay all just and proper charges for the transportation of such person to the home.(1923, c. 64, §4.)
Revisers’ Note.—The words “which recommended his admission,” near the middle of the section, are used in lieu of the words “from which they were sent to the home.” The words “according to the provisions of chapter forty-six of Barnes’ Code of the year one thousand nine hundred and eighteen, as far as the same may be applicable,” at the end of §4, c. 64, Acts 1923, are omitted because unnecessary.
Article 5. Hopemont and Rutherford Sanitariums.
Revisers’ Note.—Section 2, c. 15L, Code 1923, is omitted because the first half of the section is temporary and executed and the second half unnecessary.
Committee’s Note.—This article is enlarged to include the Rutherford sanitarium established pur suant to c. 8, Acts 1927.
§1. Continuation; Management; Superintendent.—The two state tuberculosis sanitariums, heretofore established, one at Hopemont and the other at Rutherford, for the care and treatment of persons afflicted with tuberculosis, shall be continued under their respective names of Hopemont sanitarium and Rutherford sanitarium, and shall be managed, directed and controlled as prescribed in article one, chapter twenty-five, and in section eight, article one, chapter sixteen of this Code. The chief executive officer of each of such sanitariums shall be the superintendent, who shall be a legally qualified physician of at least six years’ experience in the practice of his profession and shall be a person of good executive ability.(1911, c. 6, §1; Code 1923, c. 15L, §1; 1927, c. 8.)
Revisers’ Note.—Portions of §1, c. 15L, Code 1923, covered by the provisions of art. 1, c. 25, are omitted. The reference to §8, art. 1, c. 16, is new. The name of the institution is changed to Hopemont sanitarium on the recommendation of the board of control.
§2. Patients; Classes; Expenses.—White residents of this State afflicted with tuberculosis shall be admitted to such sanitariums, and shall be divided into two classes, namely: (a) Those who are unable to pay the expenses of their care and treatment; (b) those who are able to pay and shall pay such expenses. The state board of control shall prescribe schedules of rates to be paid by patients, and may make regulations for the reception of persons who are able to pay part but not all of the expenses of their care and treatment. The reasonable expenses of poor persons admitted at the request of the governing authority of any county or municipal corporation shall be paid by such county or municipal corporation.(1911, c. 6, §3; Code 1923, c. 15L, §3; 1927, c. 8.)
Revisers’ Note.—Section 3, c. 15L, Code 1923, is redrafted without change in substance.
Article 6. Denmar Sanitarium.
§1. Continuation; Management; Superintendent.—The state tuberculosis sanitarium for colored persons, heretofore established for the care and treatment of persons of the negro race afflicted with tuberculosis, shall be continued under the name of Denmar sanitarium, and shall be managed, directed and controlled as prescribed in article one, chapter twenty-five, and in section eight, article one, chapter sixteen of this Code. The chief executive officer thereof shall be the superintendent, who shall be a legally qualified physician of at least six years’ experience in the practice of his profession and shall be a person of good executive ability.(1917, c. 38, §1; Code 1923, c. 15L, §4.)
Revisers’ Note.—This section is a redraft of the first three sentences of §4, c. 15L, Code 1923, omitting such portions thereof as are covered by art. 1, c. 25. The reference to §8, art. 1, c. 16, is new. The name of the institution is changed to Denmar sanitarium on the recommendation of the board of control. The fourth sentence of said §4 is omitted as unnecessary, and the residue of said §4 is transferred to the following section of this article.
§2. Patients; Admission; Classes; Expenses; How Paid.—Persons of the negro race who are residents of this State and afflicted with tuberculosis shall be admitted to the sanitarium, and shall be divided into two classes, namely: (a) Those who are unable to pay the expenses of their care and treatment; (b) those who are able to pay and shall pay such expenses. The state board of control shall prescribe schedules of rates to be paid by patients, and may make regulations for the reception of persons who are able to pay part but not all of the expenses of their care and treatment. The reasonable expenses of poor persons admitted at the request of the governing authority of any county or municipal corporation shall be paid by such county or municipal corporation.(1917, c. 38, §3; Code 1923, c. 15L, §4.)
Revisers’ Note.—This section includes the last four sentences of §4, c. 15L, Code 1923.
Article 7. Berkeley Springs Sanitarium.
§1. Continuation; Purpose; Management and Control.—The Berkeley Springs sanitarium, heretofore established and located on the state property known as Bath Square or Berkeley Springs property, in Morgan county, for the treatment of persons afflicted with rheumatism, diabetes, melitus and other diseases for which the waters from such springs are remedial, shall be continued, and shall be managed, directed and controlled as prescribed in article one, chapter twenty-five of this Code.(1925, c. 2, §2.)
Revisers’ Note.—This section is a redraft of §2, c. 2, Acts 1925. Portions of said §2 covered by the provisions of art. 1, c. 25, are omitted. For prior legislation on this subject, see 9 Hen. Stat. p. 247; 1857, c. 161; 1862-3, c. 68; Joint Resolution No. 17, adopted Feb. 28, 1866; Joint Resolution No. 26, adopted March 3, 1868; 1872, c. 145; 1872-3, c. 231; 1882, c. 202; 1901, c. 128. See also Smith v. Cornelius, 41 W. Va. 59.
§2. Duties and Powers of State Board of Control.—The state board of control shall provide plans necessary for the alteration of present buildings on said grounds and such new buildings as it may be necessary to provide. The board of control may purchase such additional grounds adjoining or near to the said Bath Square on behalf of this State as in its judgment may be necessary for the purposes of this article. It may make such disposition of the surplus water from such springs, not needed for public use, as it may deem most advantageous to the interests of the State.(1925, c. 2, §3.)
§3. Patients; Fees; Free Treatment.—Patients shall be admitted to said institution for treatment upon payment of such fees as may be established by the board of control, which fees shall be reasonable, but patients from this State shall be allowed free treatment if not pecuniarily able to pay therefor, under such reasonable regulations as the state board of control may prescribe.(1925, c. 2, §4.)
§4. Gifts and Appropriations for Sanitarium; Agreements Respecting Same.—The State is hereby authorized to receive gifts or appropriations from the government of the United States, or from any source, for the purposes set forth in this article, and the state board of control is authorized to enter into any reasonable agreements respecting the expenditure of the same and the management of said institution.(1925, c. 2, §5.)
Article 8. Emergency Hospitals.
Revisers’ Note.—Sections 84, 85, 86, 88, 89, 90, 91, 92 and 93, c. 15H, Codes 1916 and 1923, are omitted; §§84 and 92, because §5, c. 15M, Code 1023, --- PAGE 696 --695 INSANE PERSONS, ETC.— abolished boards of directors of the emergency hospitals; §§85, 86 and 90, because temporary and executed; §§88, 89, 91, 93, because superseded by the provisions of art. 1, c. 25.
§1. Continuation; Management; Superintendents.—The hospitals heretofore established and known, respectively, as Welch hospital number one, McKendree hospital number two, and Fairmont hospital number three, shall be continued and known, respectively, as Welch emergency hospital, McKendree emergency hospital, and Fairmont emergency hospital, and shall be managed, directed and controlled as prescribed in article one, chapter twenty-five of this Code. The chief executive officer of each of said hospitals shall be the superintendent, who shall be a legally qualified physician of at least six years’ experience in the practice of his profession and shall be a person of good executive ability.(1899, c. 57, §1; 1915, c. 48, §1; Code 1923, c. 15H, §83, c. 15M, §3a.)
Revisers’ Note.—This section is a composite redraft of §83, c. 15H, and §3a, c. 15M, Code 1923, the hospitals being designated as emergency hospitals instead of by numbers. This change is made on the recommendation of the state board of control. The last sentence of the section is new and conforms to similar provisions in arts. 5 and 6 of this chapter.
§2. Patients; Expenses; Disposition of Receipts.—The state board of control shall admit to said hospitals, under its rules and regulations, persons requiring hospital care, and shall treat free of charge persons accidentally injured in this State while engaged in their usual employment, but preference at all times shall be given to persons accidentally injured: Provided, however, That the workmen’s compensation commissioner shall pay to said hospitals for the treatment of any one entitled to benefits or aid out of the workmen’s compensation fund the same fees or expenses as would be paid to a private hospital for similar treatment. All moneys collected under this section shall be paid into the state treasury through the state board of control as required in section thirteen, article one, chapter twenty-five of this Code.(1899, c. 57, §5; 1903, c. 51, §5; Code 1923, c. 15H, §87; 1923, c. 2, §87.)
§3. Admission of Deformed, Crippled or Defective Children.—The state board of control shall prescribe rules and regulations for the admission of deformed, crippled or otherwise defective children to said hospitals for surgical or orthopedic treatment and care. The rules and regulations shall provide for the treatment and care of such children at said hospitals free of charge, when it is shown that the parents or guardians of such children are citizens of this State and are financially unable to procure or provide surgical or orthopedic treatment and hospital care for them.(1917, c. 22, §5a; Code 1923, c. 15H, §87a.)
Revisers’ Note.—Section 87A, c. 15H, Code 1923, is redrafted without change in substance.