In Re: L.L., 16-0316

L.L. was born in November 2014, tested positive for marijuana and morphine; DHHR filed abuse/neglect petition shortly after.
Amended petition in March 2015 named petitioner’s son as biological father; DHHR alleged he abused substances and could not parent.
Child, about four months old, placed with a foster family; petitioner moved to intervene in February 2015 seeking Florida placement and visitation.
Parental rights terminated June 17, 2016; guardian ad litem and others participated; foster parents sought adoption; petitioner’s home study from Florida deemed suitable.
Circuit court held hearings through 2015-2016; in February 2016, it granted permanent placement to foster parents, despite petitioner’s bond claim.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether grandparent preference controls placement in abuse/neglect cases	Grandparents should be preferred adoptive placement where suitable.	Best interests and bond with foster parents override the grandparent preference.	Best interests control; no error in placement with foster parents.
Whether the grandparent home study suffices to override best interests	DHHR should place with petitioner given favorable home study.	Even with suitability, best interests may favor foster parents due to bond and care.	Best interests analysis prevails; home study does not mandate grandparent placement.

Napoleon S. v. Walker, 217 W.Va. 254 (2005) (grandparent preference exists but must be weighed against best interests)
In re Elizabeth F., 225 W.Va. 780 (2010) (grandparent preference tempered by child’s best interests)
In re Aaron H., 229 W.Va. 677 (2012) (affirming placement over grandparent based on best interests)
In re Hunter H., 227 W.Va. 699 (2011) (grandparent preference considered alongside welfare of the child)
In re Willis, 157 W.Va. 225 (1973) (welfare of the infant is the polar star guiding custody decisions)
In Interest of Tiffany Marie S., 196 W.Va. 223 (1996) (standard for reviewing findings in abuse/neglect cases)