185 W. Va. 648 - James M. v. Maynard’s Empirical Analysis
1991
Citation profile
110 state decisions
How this case has been cited
Cited by 110 later decisions — most recently May 2019 · most notably 198 W. Va. 79 - In Re Katie S. (1996), 185 W. Va. 613 - In the Interest of Carlita B. (1991)
110 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 183 W. Va. 641 - State v. Edward Charles L. · 182 W. Va. 302 - Matter of Jonathan P. · 185 W. Va. 613 - In the Interest of Carlita B. · 177 W. Va. 688 - State Ex Rel. W.Va. Department of Human Services v. Cheryl M. · 232 Cal. App. 3d 553 - San Bernardino County Department of Public Social Services v. Servando M.
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 110 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is a traumatic experience for children to undergo sudden and dramatic changes in their permanent custodians. Lower courts in cases such as these should provide, whenever possible, for a gradual transition period, especially where young children are involved. Further, such gradual transition periods should be developed in a manner intended to foster the emotional adjustment of the children to this change and to maintain as much stability as possible in their lives.”
29 later decisions quote this exact passage“[t]he guardian ad litem's role in abuse and neglect proceedings does not actually cease until such time as the child is placed in a permanent home.”
5 later decisions quote this exact passage“The court shall give precedence to dispositions in the following sequence: (1) Dismiss the petition; (2) Refer .the child, the abusing parent, the battered parent or other family members to a community agency for needed assistance and dismiss the petition; (3), Return the child to his or her own home under supervision of the department; (4) Order terms of supervision calculated to assist the child and any abusing parent or battered parent or parents or custodian which prescribe the manner of supervision arid care of the child and which are within the ability of any parent or parents or custodian to perform; (5) Upon a finding that the abusing parent or battered parent or parents are presently unwilling or unable to provide adequately for the child’s needs, commit the child temporarily to the custody of the state department, a licensed private child welfare agency or a suitable person who may be appointed guardian by the court____ (6) Upon a finding that there is no reasonable likelihood that the conditions of neglect or abuse can' be substantially corrected in the near future and; when necessary for the welfare of the child, terminate the parental, custodial and guardianship rights and responsibilities of the abusing parent and commit the child to the permanent sole custody of the nonabusing parent, if there be one, or, if not, to either the permanent guardianship of the department or a licensed child welfare agency. The court may award sole custody of the child to a nonabusi”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.