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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.