217 W. Va. 254 - NAPOLEON S. v. Walker’s Empirical Analysis
2005
Citation profile
16
cited by 16 later decisions
1
states following
April 2019
most recently cited
16 state decisions
Relationships
Relies on Oklahoma v. New Mexico · Licht v. Texas Commerce Bank · Fischer v. United States · 196 W. Va. 178 - Burgess v. Porterfield · 198 W. Va. 79 - In Re Katie S.
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“By specifying in W. Va.Code § 49-3-1(a)(3) that the home study must show that the grandparents “would be suitable adoptive parents,” the Legislature has implicitly included the requirement for an analysis by the Department of Health and Human Resources and circuit courts of the best interests of the child, given all circumstances.”
5 later decisions quote this exact passage · from the majority“[f]or purposes of any placement of a child for adoption by the department, the department shall first consider the suitability and willingness of any known grandparent or grandparents to adopt the child. Once any such grandparents who are interested in adopting the child have been identified, the department shall conduct a home study evaluation, including home visits and individual interviews by a licensed social worker. If the department determines, based on the home study evaluation, that the grandparents would be suitable adoptive parents, it shall assure that the grandparents are offered the placement of the child prior to the consideration of any other prospective adoptive parents.”
4 later decisions quote this exact passage · from the majority“It is a traumatic experience for children to undergo sudden and dramatic changes in their permanent custodians. Lower courts in eases 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.”
2 later decisions quote this exact passage · from the majority
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.