In re B.C., D.C., & B.C.

Summary

The West Virginia Supreme Court of Appeals affirmed the circuit court’s order denying J.C. appointed counsel and recognizing her as a psychological parent to the children in an abuse and neglect proceeding. The court held that any failure to appoint counsel was not reversible because J.C. did not qualify for appointed representation, and it upheld the finding that her role was primarily that of a nanny rather than a psychological parent.

Holdings

1. Although counsel ordinarily should be appointed for parents and custodians required to be named as respondents when an abuse and neglect petition is filed, no reversible error occurred because J.C. did not qualify for appointed counsel after submitting her financial affidavit and therefore would have been required either to retain counsel or proceed pro se.
2. The circuit court correctly found that J.C. was not a psychological parent because the record showed only that she served as a nanny and did not establish a continuing, substantial parent-like relationship that fulfilled the children's psychological and physical needs.

Questions Presented

1. Whether the circuit court erred by not appointing counsel for J.C. in the abuse and neglect proceedings.
2. Whether the circuit court erred in finding that J.C. was not a psychological parent to the children.

Disposition

affirmed