In Re Hunter H.
227 W. Va. 699
| W. Va. | 2011Background
- Consolidated appeal from a circuit court order permanently placing Hunter H. with his maternal grandmother rather than his foster parents who sought adoption.
- DHHR recommended placement with Grandmother Donna but foster parents and guardian ad litem challenged the preference-based reasoning.
- Evidence showed Hunter thrived with the foster family for three years; expert and guardian ad litem favored the foster placement for best interests.
- Circuit court emphasized the grandparent preference and DHHR approval in its conclusion, and ordered immediate transfer to Grandmother Donna.
- This Court reversed, holding the circuit court misapplied the grandparent preference and remanded for a gradual transition to the foster family.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the circuit court improperly weight the grandparent preference over best interests? | Foster Parents argued best interests control. | Grandparent preference should guide adoption where suitable. | Yes; preference cannot override best interests. |
| Were the circuit court’s findings clearly erroneous in light of the record? | Guardian ad litem and evidence favored foster placement. | DHHR recommendation and home study supported grandmother. | Yes; findings were contrary to the record. |
| Was the transfer method improper, warranting gradual transition rather than immediate removal? | Urgent removal without transition disrupted stability. | Grandmother was suitable and DHHR approved. | Yes; remand for gradual transition to foster family. |
Key Cases Cited
- In re Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996) (abuse and neglect standard; findings must be plausible in light of record)
- Napoleon S. v. Walker, 217 W.Va. 254, 617 S.E.2d 801 (2005) (grandparent preference requires best interests analysis)
- Elizabeth F., 225 W.Va. 780, 696 S.E.2d 296 (2010) (grandparent preference not absolute; must serve child’s best interests)
- Kristopher O. v. Mazzone, 227 W.Va. 184, 706 S.E.2d 381 (2011) (discussion of gradual transition and grandparent policy)
- James M. v. Maynard, 185 W.Va. 648, 408 S.E.2d 400 (1991) (gradual transition policy for custody changes)
- Snyder v. Scheerer, 190 W.Va. 64, 436 S.E.2d 299 (1993) (stability as a major custody consideration)