Legal Opinion

In re A.F.

West Virginia Supreme Court

Decided November 19, 2021No. 20-0997Separate

1Opinion of the Court

FILED November 19, 2021 released at 3:00 p.m. No. 20-0997 – In re: A. F. EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA WOOTON, J., concurring, in part, and dissenting, in part: I concur with the majority’s conclusion that the circuit court erred by failing to apply the Cecil T. factors regarding incarceration. See Syl. Pt. 3, In re Cecil T., 228 W. Va. 89,

717 S.E.2d 873

(2011). However, the proper remedy for that error is vacation of the order and remand for adequate fact-finding and analysis by the circuit court. It is not the place of this Court to step into the…

2Cases cited9 opinions

  1. In Re Cecil T.West Virginia Supreme Court · 2011
  2. In Re Emily B.West Virginia Supreme Court · 2000
  3. In Re Edward B.West Virginia Supreme Court · 2001
  4. In Re Emily G.West Virginia Supreme Court · 2009
  5. In re A.P.-1, A.P.-2, A.P.-3West Virginia Supreme Court · 2019

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