In re R.S. and G.S.-1

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of paternal grandparents’ motions to intervene and request placement of two children in an abuse and neglect proceeding. The court held that the grandparent placement preference was not absolute and that placement with the grandparents was contrary to the children’s best interests given their prior stated disinterest, criminal history concerns, and the children’s bonds with their foster families. The court also concluded that the grandparents were not entitled to a meaningful opportunity to be heard under West Virginia Code § 49-4-601(h), although the record showed that hearings were held on their motions.

Holdings

1. The statutory grandparent preference is not absolute and must be considered together with the children's best interests; placement with the grandparents was properly denied because the record showed that it would be contrary to the children's best interests.
2. The grandparents were not entitled to a meaningful opportunity to be heard under West Virginia Code § 49-4-601(h) because they did not have custodial or other parental rights or responsibilities and were not relative caregivers; in any event, they received hearings and opportunities to present their arguments.
3. The circuit court did not err in denying the grandparents' motions to intervene.

Questions Presented

1. Whether the circuit court erred by denying the paternal grandparents' motions to intervene in the abuse and neglect proceedings.
2. Whether the statutory grandparent preference required the DHHR or circuit court to consider the grandparents for placement or adoption despite their prior refusal of placement and the children's best interests.
3. Whether the grandparents were entitled to a meaningful opportunity to be heard under West Virginia Code § 49-4-601(h).

Disposition

affirmed