In re H.M.

Summary

The Supreme Court of Appeals of West Virginia affirmed a circuit court order concerning the permanent placement of H.M. with her paternal grandparents and visitation by the former foster parents. The court rejected challenges concerning the finality of the placement order, visitation, and notice of a permanent placement review hearing.

Holdings

1. An order is final when it terminates the litigation on the merits and leaves nothing to be done except enforcement. The February 11, 2020, order was final and appealable because it definitively ordered permanent placement with the grandparents, ended the foster placement, and determined that the foster parents would not satisfy the statutory adoption requirements, even though it did not contain preferred 'final order language.'
2. The circuit court did not deny the foster parents visitation; it permitted visitation at the discretion of the grandparents. Because the challenged order provided for visitation, the foster parents established no error on this issue.
3. Although e-mail notice did not comply with the applicable service rules, reversal was unwarranted because the foster parents failed to show prejudice, failed to raise the notice defect in the circuit court, and subsequently appeared at another permanent-placement hearing without raising the issue.

Questions Presented

1. Whether the circuit court's February 11, 2020, order permanently placing H.M. with her paternal grandparents was a final, appealable order despite not using specific final-order language.
2. Whether the circuit court erred by failing to grant the foster parents visitation beyond visitation subject to the grandparents' discretion.
3. Whether notice of the July 1, 2020, permanent-placement review hearing by e-mail alone required reversal or vacation of the resulting order.

Disposition

affirmed