In Re: S.R.
16-1139
| W. Va. | Jun 19, 2017Background
- Child S.R., primary residential parent: mother; father (C.R.) had visitation rights under a March 2015 Ohio divorce decree.
- Mother and S.R. moved from Licking County, Ohio, to Parkersburg (Wood County), West Virginia, around June 14, 2015.
- DHHR filed an abuse and neglect petition in Wood County on December 18, 2015, alleging sexual abuse by father based on S.R.’s disclosures.
- Father moved to dismiss for lack of West Virginia jurisdiction, arguing the child had not been a WV resident for six months before the petition.
- Wood County court contacted the Ohio common pleas court, which declined to accept jurisdiction; the WV circuit court adjudicated father guilty of sexual abuse, found aggravated circumstances, and terminated his parental rights on October 17, 2016.
- Father appealed only the jurisdictional ruling; the Supreme Court of Appeals of West Virginia affirmed the exercise of jurisdiction and the termination order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether West Virginia had jurisdiction to hear the abuse and neglect case | DHHR/mother: WV was the child’s home state because child resided in WV for more than six months before the petition; Ohio declined jurisdiction | Father: Child had not been in WV for six months prior to filing, so Wood County lacked jurisdiction | Court held WV was the child’s home state (moved ~June 14, petition Dec. 18), Ohio declined jurisdiction, and statutory/UCCJA requirements were met; jurisdiction proper |
Key Cases Cited
- In Interest of Tiffany Marie S., 196 W.Va. 223 (1996) (standard for appellate review of circuit-court factual findings in abuse and neglect cases)
- In re Cecil T., 228 W.Va. 89 (2011) (restating standard of review and procedural posture for abuse and neglect proceedings)
- West Virginia Department of Health and Human Resources ex rel. Hisman v. Angela D., 203 W.Va. 335 (1998) (UCCJA and PKPA apply to interstate abuse/neglect custody proceedings)
- In re J.L., 234 W.Va. 116 (2014) (circuit court jurisdiction to entertain abuse and neglect petitions under WV Code)
- In re Van Kooten, 126 N.C. App. 764 (1997) (PKPA applicability to interstate child custody matters, including abuse/neglect)