745 S.E.2d 532
W. Va.2013Background
- Sybil J. is guardian of eight-year-old Haylea G. under a 2008 guardianship; Amber B. and Justin G. are Haylea’s parents.
- In 2012 the Fayette County circuit court terminated Sybil J.’s guardianship and ordered repayment of SSA benefits paid to Haylea through Sybil J.
- SSA benefits totaling about $9,000 were paid to Sybil J. as payee; she used funds to repay a loan and placed remaining funds in her own account.
- Guardian ad litem and others recommended continuing the guardianship; the circuit court believed Amber B. had reformed and should regain custody with structured visitation.
- The circuit court terminated the guardianship but ordered the return of SSA funds to the guardian ad litem; it also imposed a daily monetary sanction if funds were not returned.
- The appeal challenges (a) termination of guardianship, and (b) the order directing return of SSA funds and sanctions; the court affirms in part and reverses in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was termination of guardianship an abuse of discretion? | Sybil J. contends bond with Haylea urged continuation; guardian ad litem favored continued guardianship. | Amber B. as natural parent is paramount; court could modify guardianship given improvements in Amber B.'s situation. | Guardianship termination affirmed; Amber B.'s parental rights deemed paramount. |
| Did circuit court have jurisdiction to order return of SSA funds? | Court lacked subject-matter jurisdiction over federal SSA funds; funds should be handled administratively. | Circuit court could address funds as part of guardianship proceedings and enforcement of payee duties. | Circuit court’s order to transfer funds reversed; court lacks jurisdiction to order return of SSA funds. |
Key Cases Cited
- In re Willis, 157 W.Va. 225 (1973) (parental right to custody is paramount)
- Whiteman v. Robinson, 145 W.Va. 685 (1960) (natural right to custody recognized and enforced)
- Hammock v. Wise, 158 W.Va. 343 (1975) (best interests not to deny custody to a parent merely because another could provide a better home)
- In re Beth Ann B., 204 W.Va. 424 (1998) (two-prong standard of review for child custody findings; abuse of discretion)
- In re Clifford K., 217 W.Va. 625 (2005) (definition of psychological parent and impact on custody)