In re K.R. and J.R.

Summary

The West Virginia Supreme Court of Appeals affirmed an order awarding custody of two children to their father and denying the maternal grandparents’ request for placement. The court held that the grandparents were not entitled to a second evidentiary hearing on their claimed status as psychological parents and had not preserved certain procedural objections. Although the circuit court did not strictly comply with Rule 8(b) concerning in camera interviews, the error did not prejudice the grandparents or substantially frustrate the applicable process.

Holdings

1. The grandparents were not entitled to relief because the circuit court had already conducted an evidentiary hearing on their psychological-parent status in 2015, and they failed to preserve any challenge concerning the lack of notice or a continuance for the later proceedings.
2. Although the circuit court did not strictly comply with Rule 8(b), its error did not substantially disregard or frustrate the applicable child-abuse-and-neglect procedures and did not prejudice the grandparents; therefore, vacation and remand were unwarranted.

Questions Presented

1. Whether the circuit court erred by denying the grandparents an evidentiary hearing on their renewed motion asserting psychological-parent status.
2. Whether the circuit court erred by excluding the grandparents and their counsel from the children's in camera interviews and by failing to strictly comply with Rule 8(b) of the Rules of Procedure for Child Abuse and Neglect Proceedings.

Disposition

affirmed