In re M.W.

Summary

The Supreme Court of Appeals of West Virginia affirmed a circuit court order placing four-year-old M.W. with his foster mother for adoption rather than with his paternal grandparents. The court held that the grandparent placement preference was subordinate to M.W.’s best interests and that the evidence supported maintaining the placement despite sibling separation. The court also upheld the circuit court’s findings concerning the child’s bond with the foster mother and the potential harm of relocation.

Holdings

1. The grandparent placement preference remains subordinate to the child's best interests, and the circuit court did not err in denying placement with the paternal grandparents where the record overwhelmingly established that M.W.'s best interests were served by remaining with his foster mother.
2. The circuit court did not err in ordering sibling separation because sibling unity is subordinate to the child's best interests, and clear and convincing evidence supported keeping M.W. with his foster mother rather than placing him with his siblings and grandparents.

Questions Presented

1. Whether the circuit court properly applied the statutory grandparent placement preference and correctly determined that placement with the paternal grandparents was not in M.W.'s best interests.
2. Whether the circuit court properly ordered permanent separation of M.W. from his siblings based on his best interests and made adequate findings and conclusions supporting that decision.

Disposition

affirmed