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IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA

September 1998 Term

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No. 25012
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IN THE MATTER OF: ZACHARY WILLIAM R., infant;
JESSE LEE R., infant; and KAREN J. R., mother of said infants;
WILLIAM J. R., father of Zachary William R.;
HOWARD TODD H.; putative father of Jesse Lee R.; and
AUDRA B. M., aunt and custodian of said infants,
Respondents below,
ZACHARY WILLIAM R., infant, Respondent below,
WEST VIRGINIA DEPARTMENT OF HEALTH AND
HUMAN RESOURCES,
Appellees,

v.

JESSE LEE R., Respondent below,
LARRY AND SHERRY R., Intervenors below,
Appellants.

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Appeal from the Circuit Court of Nicholas County
Hon. J. Zane Summerfield, Special Judge
94-J-16

REVERSED AND REMANDED WITH DIRECTIONS

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Submitted: September 23, 1998
Filed: December 10, 1998

F. Malcolm Vaughan, Esq.                             Gene Carte, Jr., Esq.
Garrett & Vaughan                                         Fayetteville, West Virginia
Summersville, West Virginia                            Guardian Ad Litem for Jesse Lee R.
Guardian Ad Litem for Zachary William R.

Michelle Rusen, Esq.                                           Larry Losch, Esq.
Parkersburg, West Virginia                                   Losch & Tichenor
Attorney for Appellants Larry and Sherry R.        Summersville, West Virginia
                                                                           Attorney for Appellee
                                                                           Howard Todd H.

Darrell V. McGraw, Jr., Esq.
Attorney General
Barbara L. Baxter, Esq.
Assistant Attorney General
Charleston, West Virginia
Attorneys for Appellee West Virginia Department
of Health and Human Resources

The Opinion of the Court was delivered PER CURIAM.

JUSTICE McGRAW did not participate in the decision of this case.

SYLLABUS BY THE COURT

        1.    "A child has a right to continued association with individuals with whom he has formed a close emotional bond, including foster parents, provided that a determination is made that such continued contact is in the best interests of the child." Syllabus Point 11, In re Jonathan G., 198 W.Va. 716, 482 S.E.2d 893 (1996).
        2.    "The best interests of a child are served by preserving important relationships in that child's life." Syllabus Point 2, State ex rel. Treadway v. McCoy, 189 W.Va. 210, 429 S.E.2d 492 (1993).
        3.    "It is a traumatic experience for children to undergo sudden and dramatic changes in their permanent custodians. Lower courts in cases such as these should provide, whenever possible, for a gradual transition period, especially where young children are involved. Further, such gradual transition periods should be developed in a manner intended to foster the emotional adjustment of the children to this change and to maintain as much stability as possible in their lives." Syllabus Point 3, James M. v. Maynard, 185 W.Va. 648, 408 S.E.2d 400 (1991).

Per Curiam:
        The guardian ad litem for the child Jesse R. and the former foster parents of Jesse R. -- Sherry and Larry R. -- together appeal a December 10, 1997 order of the Circuit Court of Nicholas County. The circuit court's order denied Sherry and Larry R.'s request for visitation with Jesse R. We vacate the circuit court's order and remand this case for an evidentiary hearing regarding allegations of sexual abuse that were made against Sherry and Larry R. Following this hearing, the circuit court should reconsider the visitation issue, in light of the best interests of Jesse R.

I.

        In 1994, Jesse R.,See footnote 1 1 then 4 years old, was removed from his biological mother's custody by an emergency petition and order of the court, and placed in the custody of the West Virginia Department of Health and Human Resources ("DHHR"). Following an abuse and neglect proceeding, the biological mother relinquished her parental rights, and the legal custody of Jesse R. was placed in the DHHR.See footnote 2 2
        Jesse R.'s biological father, Todd H., was not a party to the abuse and neglect proceeding. However, Todd H. subsequently voluntarily relinquished his parental rights, so that Jesse R. could be adopted by his foster parents, Sherry and Larry R.
        Sherry and Larry R. subsequently began proceedings to adopt Jesse R. All of the necessary steps for the adoption had been completed and the final paperwork was being prepared when -- in October of 1997 -- a teenaged girl whom Sherry and Larry R. had assisted over the years accused Sherry and Larry R. of sexually abusing her.
        As a result of these accusations, after being with his foster parents Sherry and Larry R. for approximately 3 years, Jesse R. was removed from this home by the DHHR. The record indicates that the accusations of sexual abuse of the teenaged girl by Sherry R., were later retracted by the girl, and that the judge was aware of this recantation. The record before this Court in the instant case contains no further information about any proceedings regarding the girl's accusations of sexual abuse.
        After Jesse R. was removed from their home, Sherry and Larry R. filed a motion in the circuit court seeking visitation with Jesse R. The circuit court held a hearing on December 10, 1997. In findings of fact, the circuit judge stated that he did "not know if visitation with Mr. and Mrs. [R.] would be beneficial or detrimental to the infant respondent Jesse . . . at this time." However, the circuit judge went on to conclude that it was in the best interests of Jesse R. not to permit visitation.
        Sherry and Larry R. appeal the circuit court's decision to this Court, joined by the guardian ad litem, and contend that visitation of Jesse R. by Sherry and Larry R. would be in the best interests of Jesse R.

II.

        This Court has repeatedly recognized the needs of children whose custodial situation has been altered to have continued contact with individuals with whom the children have formed an emotional bond.
        For example, we have held that visitation should be permitted between a child and her stepfather and half-brother, Honaker v. Burnside, 182 W.Va. 448, 388 S.E.2d 322 (1989); that circuit courts should consider whether continued association with siblings in other placements following an abuse and neglect proceeding would be in a child's best interest, James M. v. Maynard, 185 W.Va. 648, 408 S.E.2d 400 (1991); that visitation rights may be granted to a parent whose parental rights have been terminated due to abuse or neglect proceedings, In re Christina L., 194 W.Va. 446, 460 S.E.2d 692 (1995); and that a child has a right to continued association with a foster parent after being placed with natural parents, if the contact is in the best interest of the child, In re Jonathan G., 198 W.Va. 716, 482 S.E.2d 893 (1996).
         Regarding continued association with foster parents, this Court has stated:

         A child has a right to continued association with individuals with whom he has formed a close emotional bond, including foster parents, provided that a determination is made that such continued contact is in the best interests of the child.

Syllabus Point 11, In re Jonathan G., 198 W.Va. 716, 482 S.E.2d 893 (1996).
        We have held:

         It is a traumatic experience for children to undergo sudden and dramatic changes in their permanent custodians. Lower courts in cases such as these should provide, whenever possible, for a gradual transition period, especially where young children are involved. Further, such gradual transition periods should be developed in a manner intended to foster the emotional adjustment of the children to this change and to maintain as much stability as possible in their lives.

Syllabus Point 3, James M. v. Maynard, 185 W.Va. 648, 408 S.E.2d 400 (1991).

        Clearly "[t]he best interests of a child are served by preserving important relationships in that child's life." Syllabus Point 2, State ex rel. Treadway v. McCoy, 189 W.Va. 210, 429 S.E.2d 492 (1993).
        Sherry and Larry R. were the foster parents of Jesse R. for approximately 3 years and had formed a significant relationship with the child.See footnote 3 3 It appears that Jesse R. was removed from the one stable home he had known, and was placed elsewhere, without any type of transition and without affording his foster parents any visitation.
        Applying the foregoing principles, we conclude that the circuit court did not have a sufficient record to support its determination to deny visitation to the appellants. Consequently, such a denial was an abuse of the circuit court's discretion.

        We are troubled that the circuit court did not consider, examine and weigh any evidence concerning the alleged sexual abuse.See footnote 4 4 Instead, it appears that the circuit court relied upon the mere fact of (retracted) allegations of abuse of another child to deny Sherry and Larry R. visitation with Jesse R.
        We reverse the circuit court's order of December 10, 1997. We remand this case to the Circuit Court of Nicholas County with directions to conduct an evidentiary hearing. The circuit court should determine, inter alia, what evidence if any exists supporting the allegations of sexual abuse against Sherry R. We further require the circuit court to re-examine the issue of visitation, in light of the evidence adduced at the hearing and the principles enunciated in this opinion, and to make full findings of fact and conclusions of law on the issue of whether visitation by Sherry and Larry R. would be in the best interests of Jesse R.