IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA JANUARY 2019 TERM _____________ FILED May 31, 2019 No. 18-0355 released at 3:00 p.m. EDYTHE NASH GAISER, CLERK _____________ SUPREME COURT OF APPEALS OF WEST VIRGINIA IN RE J.C. ____________________________________________________________________ Appeal from the Circuit Court of Mercer County Honorable Derek Swope, Judge Case No. 17-JA-211 REVERSED AND REMANDED ____________________________________________________________________ Submitted: May 14, 2019 Filed: May 31, 2019 Gerald R. Linkous, Esq. Patrick Morrisey, Esq. Mercer County Public Defender Attorney General Princeton, West Virginia Brandolyn N. Felton-Ernest, Esq. Attorney for Petitioner A.B.-C. Assistant Attorney General Attorneys for Respondent Andrew T. Waight, Esq. Department of Health and Human Childlaw Services, Inc. Resources Princeton, West Virginia Shannon L. Baldwin, Esq. Baldwin Law Office PLLC Bluefield, West Virginia Guardians ad Litem for J.C. JUSTICE HUTCHISON delivered the Opinion of the Court. SYLLABUS BY THE COURT 1. “Subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, West Virginia Code § 48–20–101, et seq., cannot be conferred by consent, waiver, or estoppel.” Syllabus point 5, Rosen v. Rosen, 222 W. Va. 402, 664 S.E.2d 743 (2008). 2. “The Uniform Child Custody Jurisdiction and Enforcement Act, West Virginia Code § 48–20–101, et seq., is a jurisdictional statute, and the requirements of the statute must be met for a court to have the power to adjudicate child custody disputes.” Syllabus point 6, Rosen v. Rosen, 222 W. Va. 402, 664 S.E.2d 743 (2008). 3. “Pursuant to West Virginia Code § 48–20–102(g) (2001), ‘home state’ means the state in which the child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.” Syllabus point 3, Rosen v. Rosen, 222 W. Va. 402, 664 S.E.2d 743 (2008). i 4. One of the requirements under West Virginia Code § 48-20-201(a)(2) (2001), for a circuit court to obtain subject matter jurisdiction of a child whose home state is not West Virginia, is that a “court” of the home state of the child must decline to exercise jurisdiction. This requirement is not satisfied by evidence that some other person or entity in the child’s home state declined jurisdiction. ii Hutchison, Justice: This appeal was brought by A.B.-C. (hereinafter “Petitioner”) from the May 31, 2018, order of the Circuit Court of Mercer County that terminated her parental rights to her infant son, J.C.1 The controlling issue on appeal is whether the circuit court had subject matter jurisdiction to terminate Petitioner’s parental rights. Upon careful review of the briefs, the appendix record, the arguments of the parties, and the applicable legal authority, we reverse and remand. I. FACTUAL AND PROCEDURAL HISTORY During the early evening hours of August 25, 2017, the ...
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