In re Z.H., 859 S.E.2d 399

Background

Infant Z.H. was born May 8, 2018, at Bluefield Regional Medical Center (Bluefield, WV). Mother (C.S.) and the putative father lived in Tazewell County, Virginia.
On May 9 DHHR assumed emergency custody after the mother tried to remove the newborn from the hospital; the circuit court ratified the emergency removal and DHHR filed an abuse-and-neglect petition on May 10.
Z.H. remained hospitalized for weeks, then was placed with West Virginia foster parents; parents were adjudicated abusing parents and the circuit court later terminated parental rights (order entered March 5, 2020).
Neither the circuit court nor parties in the record inquired of Virginia courts about jurisdiction; evidence in the record showed parents lived in Virginia and had no WV connections other than delivery at the Bluefield hospital.
On appeal the mother argued the circuit court lacked subject-matter jurisdiction under the UCCJEA; the WV Supreme Court held WV lacked UCCJEA jurisdiction, Virginia had a significant connection, and there was no record that a Virginia court had declined jurisdiction.
The Supreme Court of Appeals vacated the termination order as void, remanded, and directed the circuit court to contact a Virginia court about declination; meanwhile the child should remain with foster parents.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether WV circuit court had subject-matter jurisdiction under the UCCJEA	Mother: WV lacked UCCJEA jurisdiction because parents are Virginia residents and child never "lived from birth" in WV	DHHR/GAL: Emergency removal and subsequent proceedings gave WV jurisdiction; child has lived in WV with foster parents	WV lacked UCCJEA jurisdiction; Virginia had significant-connection jurisdiction; termination order vacated as void
Does a hospital stay at birth make WV the child’s "home state" under UCCJEA for a newborn <6 months?	Mother: Birth in WV hospital does not make WV home state	DHHR: Child’s presence in WV hospital and later placement with WV foster parents supports home state	Hospital stay incident to birth is insufficient; home-state analysis looks to where child lived from birth until commencement of proceeding (here child had no pre-commencement residence in WV)
Can a temporary emergency removal order convert to a final custody determination / confer home-state jurisdiction?	Mother: Emergency jurisdiction was temporary and insufficient for continued adjudication	GAL/DHHR: Emergency order could become final if no other state commenced proceedings	Emergency jurisdiction under §48-20-204 is limited; order did not declare finality and ceased to supply jurisdiction once the abuse-and-neglect petition was filed
Can declination of jurisdiction be effected by non-judicial actors (e.g., CPS worker)	Mother: N/A (argued WV lacked jurisdiction)	DHHR: Evidence a jurisdiction in another state declined (CPS worker testimony)	Declination under §48-20-201(a)(3) must be by a court; non-court actors cannot satisfy the declination requirement

Key Cases Cited

Chrystal R.M. v. Charlie A.L., 194 W. Va. 138, 459 S.E.2d 415 (W. Va. 1995) (standard of review for legal/statutory issues is de novo)
Rosen v. Rosen, 222 W. Va. 402, 664 S.E.2d 743 (W. Va. 2008) (UCCJEA is jurisdictional; requirements must be met)
Lewis v. Munic. of Masontown, 241 W. Va. 166, 820 S.E.2d 612 (W. Va. 2018) (lack of jurisdiction may be raised at any time)
In re K.R., 229 W. Va. 733, 735 S.E.2d 882 (W. Va. 2012) (home-state for <6-month-old is where child "lived from birth" during period before commencement)
In re J.C., 242 W. Va. 165, 832 S.E.2d 91 (W. Va. 2019) (UCCJEA applies to abuse-and-neglect proceedings; declination must be by a court)
State ex rel. Hammond v. Worrell, 144 W. Va. 83, 106 S.E.2d 521 (W. Va. 1958) (decree entered by a court lacking subject-matter jurisdiction is void)
Universal Underwriters Ins. Co. v. Wilson, 239 W. Va. 338, 801 S.E.2d 216 (W. Va. 2017) (jurisdictional issues are questions of law reviewed de novo)
TermNet Merch. Servs., Inc. v. Jordan, 217 W. Va. 696, 619 S.E.2d 209 (W. Va. 2005) (orders by a court lacking jurisdiction are void)
In re D.S., 217 Ill. 2d 306, 840 N.E.2d 1216 (Ill. 2005) (temporary hospital stay at birth insufficient to confer home-state jurisdiction)
In re M.S., 2017 Vt. 78, 176 A.3d 1124 (Vt. 2017) (same: newborn hospital stay alone does not create home state)