CHARLESTON, W.Va. — The state Supreme Court has reversed a decision made by a Boone County circuit judge in an adoption case.
The High Court issued an opinion Monday afternoon of a case that was argued before the Court on Sept. 4 involving an 11-year-old boy, known as C.B., his biological grandparents and another couple who were described as his “psychological parents.”
MORE Read Supreme Court opinion here
The “psychological parents” began caring for C.B. not long after his birth in August 2008. His biological mother had turned him over to her sister who then asked her in-laws, known as Clarence and Nancy in court documents, to care for him.
A short time later, the boy’s biological father learned of his son’s birth. His parents, known as Murrell and Linda, were able to gain guardianship of C.B. and eventually adopted him in 2014. They allowed the initial couple to keep informal visitation but at some point there were problems with that agreement. The first parents then went to circuit court claiming they were the C.B.’s psychological parents and he would be harmed unless he was able to continue to visit them. Boone County Circuit Judge Will Thompson agreed with a recommendation of a guardian ad litem. The adoptive parents appealed that order, which included comprehensive visitation rights, to the Supreme Court.
The Supreme Court reversed Thompson’s decision Monday.
In an opinion written by Chief Justice Beth Walker, the Court said Clarence and Nancy “did not have standing” to petition the circuit court to modify their alleged post-adoption visitation agreement under state code.
“We find that Murrell and Linda’s adoption of C.B. in 2014 severed Clarence and Nancy’s visitation with the child,” the order said. “Further, because the 2014 Adoption Order does not provide for visitation between Clarence, Nancy, and C.B., we conclude that an agreement among the parties regarding post-adoption visitation does not exist in this case.”
The opinion does lists five syllabus points, the most significant may be the Court’s definition of the word “agreement” in adoption cases, calling it “a mutual manifestation of assent by the adoptive parent(s) and a third party as to visitation or communication with the adopted child that is either stated in full in the final adoption order or explicitly referenced in that order and made an exhibit to it. All parties to the agreement must endorse the final adoption order and any agreement incorporated by reference.”
State lawmakers were told Monday during interim committee meetings at the state capitol, about 49 percent of all foster children in West Virginia are currently in some kind of kinship care. The rest are being cared for by foster parents or in group homes. As of Monday, there were approximately 6,800 children in foster care in West Virginia.