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← 809 SE2D 531 - In Re K.E. & K.E.

In Re K.E. & K.E.’s Empirical Analysis

2018

Citation profile

1
cited by 1 later decisions
1
states following
April 2019
most recently cited

1 state decisions

Relationships

Relies on 196 W. Va. 223 - In Interest of Tiffany Marie S. · 198 W. Va. 79 - In Re Katie S. · 185 W. Va. 613 - In the Interest of Carlita B. · 182 W. Va. 399 - Michael K.T. v. Tina L.T. · 185 W. Va. 648 - James M. v. Maynard

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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “West Virginia Code § 49-3-1(a) [now W. Va. Code § 49-4-114 (a)(3) ] provides for grandparent preference in determining adoptive placement for a child where parental rights have been terminated and also incorporates a best interests analysis within that determination by including the requirement that the DHHR find that the grandparents would be suitable adoptive parents prior to granting custody to the grandparents. The statute contemplates that placement with grandparents is presumptively in the best interests of the child, and the preference for grandparent placement may be overcome only where the record reviewed in its entirety establishes that such placement is not in the best interests of the child.”
    1 later decision quote this exact passage
  2. “We have previously observed that West Virginia law does not grant a permanency preference to blood relatives, generally. The grandparent preference is the sole exception to that rule, and, even then, the preference is tempered by considerations of the child's best interests.”
    1 later decision 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.