No. 23-6782

R. R. v. West Virginia Department of Health and Human Resources, Child Protective Services, et al.

Lower Court: West Virginia
Docketed: 2024-02-20
Status: Denied
Type: IFP
Response WaivedRelisted (3)IFP
Tags: adoption-rights child-abuse child-neglect child-welfare constitutional-rights due-process expedient-measures family-disintegration family-law grandparental-standing state-legislation
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2024-06-06 (distributed 3 times)
Question Presented (AI Summary)

Has disintegration of the traditional family leading to substantial increases in child neglect and abuse cases caused agencies dealing with these matters, courts adjudicating them, and state government through legislation to resort to expedient measures that violate federal constitutional rights?

Question Presented (OCR Extract)

QUESTIONS PRESENTED | 1) Has disintegration of the traditional family leading to substantial increases in child neglect and abuse cases caused agencies dealing with these matters, courts adjudicating them, and state government through legislation to resort to expedient measures that violate federal constitutional rights? 2) With far more adults seeking to adopt children than are available, tensions of supply and demand can lead to abuse. Does adoption performed without other family members’ knowledge contesting the same matter notwithstanding multiple applications (motions) to stay such an occurrence violate federal constitutional rights? : 3) Does right to notice, a fair hearing, standing and other fundamental constitutional rights apply in neglect/abuse proceedings especially where close relatives as grandparents are involved? 4) Given modern day tension on families, the very fabric of society, it only make sense to allow greater opportunity and resources for raising children. Presently there is no formal or legal require. ment for actual relatives of a child to have a role where adoption or other such estrangement may have , occurred. This is particularly true for grandparents, generally regarded as having a beneficial role in | helping to raise children. Would it not make sense for this Court to promulgate recommendations or dicta recognizing and recommending this? i

Docket Entries

2024-06-10
Rehearing DENIED.
2024-05-21
DISTRIBUTED for Conference of 6/6/2024.
2024-04-25
Petition for Rehearing filed.
2024-04-15
Petition DENIED.
2024-03-28
DISTRIBUTED for Conference of 4/12/2024.
2024-02-23
Waiver of right of respondent West Virginia Department of Health and Human Resources to respond filed.
2024-02-20
Motion (23M60) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2024-01-31
MOTION (23M60) DISTRIBUTED for Conference of 2/16/2024.
2023-12-04
Motion (23M60) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2023-12-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 21, 2024)

Attorneys

R. R.
Richard Allen Robb — Petitioner
Richard Allen Robb — Petitioner
West Virginia Department of Health and Human Resources
Michael Ray WilliamsOffice of the West Virginia Attorney General, Respondent
Michael Ray WilliamsOffice of the West Virginia Attorney General, Respondent