Summary
The Supreme Court of Appeals of West Virginia affirmed summary judgment for the West Virginia Department of Health and Human Resources and two employees in a civil action brought by paternal grandparents concerning the removal of a child from their custody during abuse and neglect proceedings. The court held that the respondents were protected by qualified immunity and that the record did not establish fraudulent, malicious, oppressive, or otherwise unlawful conduct sufficient to overcome that immunity. The court also rejected the grandparents’ arguments concerning service, notice, jurisdiction, and alleged statutory violations.
Holdings
- Summary judgment was proper because petitioners failed to demonstrate a genuine issue of material fact that would preclude judgment for respondents as a matter of law.
- Qualified immunity barred petitioners' claims because the DHHR's investigation, decision to file an abuse and neglect petition, and related custody actions were discretionary functions, and petitioners failed to show a violation of a clearly established statutory or constitutional right or conduct that was fraudulent, malicious, or oppressive.
- The DHHR's initial failure to serve petitioners with the petition and preliminary-hearing notice did not defeat qualified immunity under the circumstances presented.
Questions Presented
- Whether the circuit court erred in granting summary judgment when petitioners alleged genuine factual disputes concerning the DHHR's failure to initially name them in the abuse and neglect petition, its removal of M.I.D., and alleged fraud and statutory violations.
- Whether qualified immunity barred petitioners' claims against the DHHR and its employees based on discretionary acts undertaken during the child abuse and neglect investigation and custody proceedings.
- Whether the DHHR's failure to initially serve petitioners with the petition and preliminary-hearing notice, in violation of West Virginia Code § 49-6-1(b), was sufficient to defeat qualified immunity.
Disposition
affirmed
Cases Cited (16)
- In re K.H., 235 W. Va. 254, 773 S.E.2d 20 (2015)(followed)
- Melinda H. v. William R. II, 230 W. Va. 731, 742 S.E.2d 419 (2013)(followed)
- State v. Brandon B., 218 W. Va. 324, 624 S.E.2d 761 (2005)(followed)
- State v. Edward Charles L., 183 W. Va. 641, 398 S.E.2d 123 (1990)(followed)
- Painter v. Peavy, 192 W. Va. 189, 451 S.E.2d 755 (1994)(followed)
- Williams v. Precision Coil, Inc., 194 W. Va. 52, 59, 459 S.E.2d 329, 336 (1995)(followed)
- W. Va. State Police v. Hughes, 238 W. Va. 406, 411, 796 S.E.2d 193, 198 (2017)(followed)
- Hutchison v. City of Huntington, 198 W. Va. 139, 148-49, 479 S.E.2d 649, 658-59 (1996)(followed)
- Crouch v. Gillispie, 240 W. Va. 229, 809 S.E.2d 699 (2018)(followed)
- Maston v. Wagner, 236 W. Va. 488, 500, 781 S.E.2d 936, 948 (2015)(followed)
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Cited In (0)
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