In re J.P. (Signed Opinion)
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The Supreme Court reversed the order of the circuit court that permanently placed a minor child with Foster Parents instead of a grandparent, holding that the circuit court erred by not adhering to the grandparent preference in this case.
On appeal, Paternal Grandfather and Maternal Grandmother argued that the circuit court erroneously disregarded the statutory grandparent preference under W. Va. Code 49-4-114(a)(3) by placing the child with the Foster Parents because Parental Grandfather was a fit caretaker, bureaucratic delays caused the child to remain with the Foster Parents for an extended period of time while waiting for Paternal Grandfather's home study to be completed, and placement with Paternal Grandfather was in the child's best interest. The Supreme Court agreed and reversed the circuit court's order, holding (1) Paternal Grandfather was fit to care for the child and that placing the child with Paternal Grandfather was in the child's best interest; and (2) therefore, the circuit court erred in placing the child with the Foster Parents.
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