In re J.T. and C.H.

Summary

The West Virginia Supreme Court of Appeals affirmed a circuit court order denying a grandmother and step-grandfather permanent placement of two children in an abuse and neglect proceeding. The Court held that the Department of Health and Human Resources was not required to complete a home study after determining that the petitioners were unsuitable based on prior CPS history and a felony conviction, and that placement with the foster mother was in the children’s best interests.

Holdings

1. The DHHR was not required to complete a home study because it determined that the petitioners were unsuitable for placement and that placement with them was not in the children's best interests.
2. The circuit court did not err in determining that permanent placement with the foster mother was in the children's best interests.

Questions Presented

1. Whether the circuit court erred by accepting the DHHR's determination that the petitioners were unsuitable without requiring completion of a statutory home study.
2. Whether the circuit court erred in denying the petitioners permanent placement and finding that placement with the foster mother was in the children's best interests.

Disposition

affirmed