· 12/3/1981
In the Interest of S. C.
Citations
- 284 S.E.2d 867
- 168 W. Va. 366
- 1981 W. Va. LEXIS 764
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- rejecting claim that failure to introduce CPS reports and call certain witnesses improperly shifted burden of proof where DHHR called children and different caseworker as live witnesses
- “A litigant may not silently acquiesce to error . . . and then raise that error as a reason for reversal on appeal.”
- “ ‘An order to which no objection was made and which was actually approved by counsel, will not be reviewed on appeal.’ Syl. pt. 1, Loar v. Massey, [164 W.Va. 155], 261 S.E.2d 83 (1979).”
- “W.Va.Code, [49-4-601(i) (2019], requires the [DHS], in a child abuse or neglect case, to prove “conditions existing at the time of the filing of the petition . . . by clear and convincing proof.”
- “[T]he burden of proof in a child neglect or abuse case does not shift from the [DHS] to the parent, guardian[,] or custodian of the child. It remains upon the [DHS] throughout the proceedings.”
- “the burden of proof in a child neglect or abuse case does not shift from the [DHHR] to the parent, guardian, or custodian of the child. It remains upon the [DHHR] throughout the proceedings.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McHugh
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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