832 S.E.2d 91
W. Va.2019Background
- Infant J.C. (born in Virginia March 17, 2017) was taken into DHHR custody in Princeton, WV on Aug. 25–28, 2017 after petitioner A.B.-C. was found transient with the child. J.C. had lived in Virginia from birth until that trip.
- DHHR filed an abuse-and-neglect petition in Mercer County (WV) on Aug. 28, 2017; Virginia was the child’s home state because J.C. was under six months old when the WV petition was filed.
- Circuit court adjudicated neglect (adjudicatory hearing incorporated preliminary-hearing evidence) and later terminated parental rights on May 31, 2018; petitioner appealed challenging subject-matter jurisdiction under the UCCJEA.
- Record shows DHHR contacted Virginia child-protective-services, which declined to get involved, but no Virginia court was shown to have been contacted or to have declined jurisdiction.
- The WV Supreme Court held the circuit court lacked subject-matter jurisdiction under W. Va. Code § 48-20-201(a) because the UCCJEA requires a court of the child’s home state to decline jurisdiction (not an administrative agency), and no Virginia court had done so.
- The Court vacated the termination order as void, directed the circuit court on remand to contact the appropriate Virginia court to determine whether that court will assume jurisdiction, and set alternative steps (seek NC court involvement or hold de novo hearings) depending on Virginia’s response.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether WV circuit court had subject-matter jurisdiction under the UCCJEA | Petitioner: no — J.C. was a Virginia "home state" child and UCCJEA prerequisites were not met | DHHR/Guardian: WV had jurisdiction (significant-connection or because VA CPS declined) | Court: No jurisdiction — Virginia was home state and no Virginia court declined jurisdiction as required by §48-20-201(a)(2) |
| Whether a home-state agency’s declination suffices under §48-20-201(a)(2) | Petitioner: agency declination insufficient; statute requires a court | DHHR/Guardian: VA CPS’s refusal to act effectively declined jurisdiction | Court: Agency declination insufficient; statute unambiguously requires a court of the home state to decline |
| Whether WV could rely on temporary emergency jurisdiction to terminate parental rights | Petitioner: termination required full UCCJEA compliance; emergency jurisdiction is limited | DHHR/Guardian: suggested emergency-jurisdiction argument | Court: Emergency jurisdiction is temporary and cannot support permanent termination without UCCJEA compliance |
| Remedy and further proceedings | Petitioner: seek reversal and remand for appropriate jurisdictional process | DHHR/Guardian: sought to uphold termination or retain WV jurisdiction | Court: Reversed termination; remand to contact VA court; if VA declines, WV may assume jurisdiction; if VA declines and NC is preferable, WV may contact NC; otherwise hold de novo hearings |
Key Cases Cited
- Rosen v. Rosen, 222 W. Va. 402, 664 S.E.2d 743 (W. Va. 2008) (UCCJEA is jurisdictional; subject-matter jurisdiction cannot be conferred by consent)
- In re K.R., 229 W. Va. 733, 735 S.E.2d 882 (W. Va. 2012) (summarizing §48-20-201(a) jurisdictional bases and their priority)
- State ex rel. TermNet Merch. Servs., Inc. v. Jordan, 217 W. Va. 696, 619 S.E.2d 209 (W. Va. 2005) (orders entered by courts lacking subject-matter jurisdiction are void)
- In re Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (W. Va. 1996) (standard of review for abuse-and-neglect dispositional findings)
- W. Virginia Dep’t of Human Servs. v. La Rea Ann C.L., 175 W. Va. 330, 332 S.E.2d 632 (W. Va. 1985) (child’s welfare is controlling in custody matters)