In re H.H.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of a father’s parental rights in an abuse and neglect proceeding. The court held that the father waived challenges concerning the child’s in camera interview and cross-examination by failing to object before the interview, submit questions or topics, or file the motion requested by the circuit court.

Holdings

1. West Virginia Code § 49-4-601(h) provides a meaningful opportunity to be heard, including the opportunity to cross-examine witnesses, but that right is not absolute as to a child's cross-examination. Rule 8(b) permitted the circuit court to exclude the parties' attorneys from the in camera interview and to receive questions or topics for the court to ask the child instead of allowing direct questioning.
2. Petitioner waived any challenge to the in camera interview and to the denial of direct cross-examination because he did not object before the interview, did not submit questions or topics for the court's consideration, and waited until after the interview to request cross-examination.
3. Although Rule 8(b) did not require petitioner to file a motion, the circuit court's erroneous or unnecessary direction to do so did not warrant relief because petitioner never filed the motion and therefore could not establish prejudice or obtain appellate relief.

Questions Presented

1. Whether the circuit court violated petitioner's right to be heard or to cross-examine the child by conducting an in camera interview and requiring petitioner to file a motion to cross-examine the child.
2. Whether petitioner waived any challenge to the in camera interview or cross-examination procedure by failing to object before the interview and failing to submit questions or topics for the court's consideration.

Disposition

affirmed