167 W. Va. 683 - State v. Scritchfield’s Empirical Analysis

Citation profile

34 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Clearly, the statute presumes the entitlement of a parent to an opportunity to ameliorate the conditions or circumstances upon which a child neglect or abuse proceeding is based pending final adjudication, no doubt in recognition of the fundamental right of a parent to the custody of minor children until the unfitness of the parent is proven. See, e.g., In re Willis, 157 W.Va. 225 , 207 S.E.2d 129 (1973). The statute permits the court to deny such a request only upon a finding of ‘compelling circumstances.’ ””

   4 later decisions quote this exact passage
   e.g. 177 W. Va. 688 - State Ex Rel. W.Va. Department of Human Services v. Cheryl M. · 197 W. Va. 456 - State Ex Rel. Virginia M. v. Virgil Eugene S.

2. “[t]he court shall allow such an improvement period unless it finds compelling circumstances to justify a denial thereof, but may require temporary custody in the state department of another agency during the improvement period.”

   2 later decisions quote this exact passage
   e.g. State v. CNS · 189 W. Va. 580 - In Re Lacey P.

3. “We do not question that the definition of “neglected child” contained in W.Va. Code § 49-1-3 includes those children whose well-being is endangered or impaired by the inability of the parent, as the result of a mental condition, to perform the most fundamental and essential of the parental obligations — to feed, clothe, shelter, supervise, educate and provide medical care. Under such circumstances, neglect may be proved upon a showing of an ongoing condition or course of conduct which has been or is likely to be detrimental to the physical or mental well-being of the child and which the parent has been unwilling or unable to correct.”

   1 later decision quote this exact passage
   e.g. State v. C.N.S.