Probably. The West Virginia Code offers a preference to grandparents when deciding upon an adoptive placement for children whose parents’ rights have been terminated. A grandparent who is interested in adopting his or her grandchildren under these circumstances must be determined by DHHR to be suitable as adoptive parents. Although there is a presumption that placement with a grandparent is in the child’s best interest, this does not mean that placement with a willing grandparent is an absolute certainty. The home evaluation, which includes a series of home visits and interviews by a licensed social worker, will determine the safety and suitability of the grandparents’ home. If DHHR determines that the grandparents’ home is suited to the best interests of the child, they are to be offered the placement before any other adoptive parents are considered.
For more information, see: W. Va. Code § 49-3-1(a)(3) (2015); Napoleon S. v. Walker, 217 W. Va. 254, 256 (2005); WVDHHR Adoption Policy §7.3.