Summary
The West Virginia Supreme Court of Appeals affirmed an order denying a maternal grandmother permanent placement of a child in an abuse and neglect proceeding. The court held that the grandmother was not denied access to proceedings or court records and was properly excluded from placement consideration after failing to complete the required home study and psychological evaluation. The court concluded that placement with the foster parents was in the child's best interests.
Holdings
- The circuit court did not improperly deny N.O. access to court proceedings or the appropriate court file.
- A grandparent must satisfy the statutory suitability requirements, including a positive home study, before receiving consideration as a placement option; N.O. was properly precluded from consideration because she failed to provide information needed for the home study and willfully refused to undergo the required psychological evaluation.
- The Court declined to address assignments of error that were not adequately developed with relevant authority and specific record citations.
Questions Presented
- Whether the circuit court denied N.O. access to court proceedings and court records.
- Whether the circuit court erred in denying N.O. permanent placement of Z.O. despite the statutory preference for placement with grandparents.
- Whether N.O.'s additional assignments of error should be addressed when her brief lacked developed arguments and appropriate citations to authority and the record.
Disposition
affirmed
Cases Cited (5)
- In Interest of Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (1996)(followed)
- In re Cecil T., 228 W. Va. 89, 717 S.E.2d 873 (2011)(followed)
- Napoleon S. v. Walker, 217 W. Va. 254, 617 S.E.2d 801 (2005)(followed)
- In re Aaron H., 229 W. Va. 677, 735 S.E.2d 274 (2012)(followed)
- In re Antonio R.A., 228 W. Va. 380, 719 S.E.2d 850 (2011)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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