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STATE OF WEST VIRGINIA
At a Regular Term of the Supreme Court of Appeals continued and held at
Charleston, Kanawha County, on the 19 th day of October, 2010, the following order was
made and entered:
On this day came the Court, on its own motion and proceeded to consider the
proposed amendments to the Rules of Procedure for Child Abuse and Neglect
Proceedings, necessitated by the adoption of the Revised Rules of Appellate Procedure,
previously published for comment. Upon consideration whereof, the Court is of opinion
to and does hereby adopt said amendments, effective December 1, 2010, with deletions
indicated by strikethroughs and insertions indicated by underscoring, to read as follows:
Rule 49. Accelerated appeal for abuse and neglect and termination of parental rights
cases.
In order to provide the most inexpensive and expeditious procedure for appeal of Circuit
Court orders under W. Va. Code § 49-6-1 et seq., a petitioner shall file his or her petition for
appeal within sixty (60) days of judgment without presentation of a transcript using the
procedure provided in Rule 4A and may proceed without a transcript pursuant to Rule 11
of the Rules of Appellate Procedure. As provided therein, petitioner may submit a part of
the transcript of testimony or those sections which are necessary evidence to support his or
her petition. An extension of the time limitations for appeal not to exceed an additional sixty
(60) days, may be granted by the court on the grounds that no transcript of the proceedings
has been prepared but only upon a showing of extraordinary circumstances, and further
provided that the request for an extension of time has been filed and served prior to the
expiration of the initial sixty (60) day time period for filing the petition for appeal. The bond
for costs otherwise required by Rule 4A(e) of the Rules of Appellate Procedure shall be
waived pursuant to this rule. The Supreme Court of Appeals shall give priority to appeals
of abuse and/or neglect proceedings and termination of parental rights cases and shall
establish and administer an accelerated schedule in each case, to include the completion of
the record, briefing, oral argument, and decision.
The filing of a petition for appeal does not operate to automatically stay the proceedings
or orders of the circuit court in abuse, neglect, and/or termination of parental right cases, but
the circuit court or the Supreme Court of Appeals may grant a stay upon a showing of good
cause. Any party seeking a stay from the Supreme Court of Appeals pursuant to Rule 28 of
the Rules of Appellate Procedure pending an appeal of neglect, abuse, and/or termination
of parental rights cases shall submit a written motion for the stay and a brief statement
explaining the need for the stay, discussing the effect of the stay on the ability of the circuit
court to plan for the child and on the best interests of the child. This rule shall not preclude
any motion to the circuit court for a stay which includes a brief statement of the issues
previously set forth.
A True Copy
Attest:
_________________________________
Clerk, Supreme Court of Appeals