In re B.A.

Summary

Chief Justice Armstead dissents from the majority’s decision to remand a matter concerning the placement of B.A. for consideration of the sibling preference. The dissent argues that the foster parents could not satisfy the statutory good-moral-character requirement because of substantial unpaid child support, liens, and judgments. It concludes that consideration of the sibling preference would not alter the circuit court’s determination and that the circuit court’s ruling should be affirmed.

Holdings

1. The foster parents could not satisfy the good-moral-character requirement because the foster father's knowing failure to pay substantial child-support obligations despite having the ability to pay, together with the financial judgments and liens, supported the circuit court's determination.
2. The sibling preference did not require remand because it could not alter the dispositive determination that the foster parents failed to satisfy the good-moral-character requirement.
3. The circuit court properly considered the foster father's gambling winnings as part of its inquiry into why he had substantial unpaid child-support obligations and whether he possessed good moral character.

Questions Presented

1. Whether the foster parents satisfied the good-moral-character requirement for prospective adoptive parents under W. Va. Code § 48-22-701(d).
2. Whether the circuit court's failure to discuss the sibling preference required remand when the court had already determined that the foster parents failed the good-moral-character requirement.
3. Whether the circuit court properly considered the foster father's gambling winnings in evaluating his good moral character.

Disposition

other