In re Aaron H.
229 W. Va. 677
| W. Va. | 2012Background
- Aaron H. Jr. (born 2007) was subject to an abuse/neglect petition and placed with foster parents since filing.
- Parental rights of Jennifer J. and Aaron H. were terminated; Diana R. relinquished custody and was involved only peripherally.
- Robert H., the paternal grandfather, sought adoptive placement after termination; the Department identified him as a potential relative adopter.
- Indiana performed a home study under the Interstate Compact; the 60-day deadline in Indiana was not met, and no extension was requested.
- The circuit court ordered a home study denial for H. and granted adoption to the foster parents based on best interests and the child’s dwelling with them.
- The Court of Appeals affirmed, balancing grandparent preference with the child’s best interests and finding the Department’s handling of the home study flawed but not outcome-determinative.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the grandparent preference apply here? | H. argues for grandfather placement under §49-3-1. | Napoleon S. and Elizabeth F. require best interests drive the decision within the grandparent preference. | Grandparent preference applies but must serve best interests. |
| Is an incomplete home study fatal to adoption by the grandfather? | H. contends the process requires a completed home study before adoption can be approved. | Best interests analysis can override if completion is impractical and other factors favor placement. | Not dispositive; best interests supported foster placement. |
| Did the child’s best interests favor continuing with the foster parents over the grandfather? | H. should adopt given pre-existing bond and time with him. | Foster parents have fostered for years; the grandfather lacked ready, stable home and timely contact. | Court affirmed foster parents’ adoptive placement as in Aaron’s best interests. |
Key Cases Cited
- In re Napoleon S., 217 W.Va. 254, 617 S.E.2d 801 (2005) (grandparent placement presumed best interests; must be suitable)
- In re Elizabeth F., 225 W.Va. 780, 696 S.E.2d 296 (2010) (best interests limit grandparent preference; not absolute)
- Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996) (clear standard for abuse/neglect findings on appeal)
- Kristopher O. v. Mazzone, 227 W.Va. 184, 706 S.E.2d 381 (2011) (grandparent policy and related internal regulations)