Justia West Virginia Supreme Court of Appeals Opinion Summaries

Petitioner mother C.V. appealed the termination of her parental rights, arguing that the reasons for termination were instances of noncompliance known to the Department of Human Services (DHS) throughout the proceedings but not raised until disposition. Specifically, Petitioner was directed to participate in mental health counseling but refused, and there were two isolated incidents of improper contact with the child. Despite these issues, DHS advised the court at various hearings that Petitioner was compliant and doing well with her improvement period. Petitioner underwent a psychological evaluation, which recommended intensive psychotherapy and medication management. Following this report, DHS sought termination of her parental rights.The Circuit Court of Kanawha County initially granted Petitioner an improvement period, during which she was reported to be compliant with services. However, after the psychological evaluation, DHS changed its position and sought termination based on her failure to seek mental health treatment and visitation violations. The circuit court terminated Petitioner’s parental rights, finding that she had not met her burden of proof and had not addressed her mental health issues.The Supreme Court of Appeals of West Virginia reviewed the case and found that the circuit court had impermissibly shifted the burden of proof onto Petitioner. The court emphasized that DHS always has the burden of proof in abuse and neglect cases and must provide clear and convincing evidence to support termination of parental rights. The court vacated the dispositional order and remanded the case for a new dispositional hearing, allowing for further exploration of Petitioner’s mental health treatment and current status. View "In re K.V." on Justia Law

The case involves a child, C.E.-1, who was found in a dangerous situation due to his parents' substance abuse. The Department of Human Services (DHS) filed a petition against the parents, L.F. and C.E.-2, after L.F. was found unconscious with heroin nearby, and C.E.-1 was left in her care. Both parents admitted to drug use and were granted improvement periods to address their issues. However, they failed to comply with the terms, leading the guardian ad litem to move for termination of the improvement periods.The Circuit Court of Hancock County extended the improvement periods despite the parents' noncompliance, effectively prolonging the case. The guardian ad litem objected, but the court continued the improvement periods until July 2023. The court then scheduled a dispositional hearing but instead held an ex parte meeting with all parties except the guardian ad litem. Following this meeting, the court approved a Disposition Five agreement, placing C.E.-1 in the custody of the DHS and planning for a legal guardianship with the maternal grandmother.The Supreme Court of Appeals of West Virginia reviewed the case and found that the circuit court erred by not conducting a proper dispositional hearing and by excluding the guardian ad litem from the ex parte meeting. The court also noted that the dispositional order lacked necessary findings of fact and conclusions of law. The Supreme Court vacated the circuit court's dispositional order and remanded the case for a proper dispositional hearing and entry of a new order consistent with its opinion. View "In re C.E.-1" on Justia Law

Petitioner C.S. and Respondent A.F.-1 are the non-offending parents of D.S., a child involved in an abuse and neglect proceeding. The Circuit Court of Grant County held several evidentiary hearings to determine custody of D.S. and awarded equal custodial responsibility to both parents. The father argued that he was the primary caregiver and that the mother had serious mental health issues affecting her ability to parent. The mother, the child’s guardian ad litem, and the Department of Human Services contended that the mother was receiving proper treatment and could share caretaking responsibilities.The Circuit Court of Grant County found that both parents had stable employment and homes, and although the mother had mental health issues, she was seeking proper treatment and could safely parent. The court noted that the mother had expansive visitation with D.S., which was appropriate and beneficial for the child. The court also emphasized the importance of D.S. maintaining contact with his half-sibling, A.F.-2. Despite concerns about the parents' strained relationship, the court concluded that both parents had the child’s best interests at heart and ordered a transition plan for equal custody.The Supreme Court of Appeals of West Virginia reviewed the case and applied a two-prong deferential standard of review. The court found that the circuit court did not abuse its discretion in awarding equal custodial allocation. The court noted that the circuit court had considered all relevant factors, including the mother’s mental health treatment and the father’s allegations. The court affirmed the circuit court’s decision, emphasizing the importance of meaningful contact between the child and both parents, as well as the child’s half-sibling. View "In re D.S." on Justia Law

In 2015, the parental rights of H.M. and B.M.'s biological parents were terminated, and the children were adopted by their aunt, C.M. In 2019, the children were removed from C.M.'s home due to her substance abuse but were later returned after she completed an improvement period. In April 2022, new referrals indicated C.M. had relapsed, and the family was homeless. C.M. placed H.M. and B.M. in guardianships and entered a rehabilitation facility. DHS filed an abuse and neglect petition in May 2022. C.M. stipulated to substance abuse, and the court found the children to be abused and neglected. C.M. was granted an improvement period but failed to secure stable housing and employment and tested positive for drugs.The Circuit Court of Jefferson County held dispositional hearings and determined that C.M. did not substantially comply with her improvement period. The court placed H.M. in a legal guardianship with her foster mother, A.H., under West Virginia Code § 49-4-604(c)(5), and dismissed C.M. from the case, allowing only the GAL or DHS to seek modification of the disposition.The Supreme Court of Appeals of West Virginia reviewed the case and found that the circuit court did not abuse its discretion in determining that C.M. failed to make sufficient improvement to be reunified with H.M. However, the court found errors in the dispositional order, specifically the dismissal of C.M. from the case and the provision for post-termination visitation at A.H.'s discretion. The court affirmed the decision to place H.M. in a legal guardianship but vacated the order in part and remanded the case for further proceedings to correct these deficiencies. View "In re H.M." on Justia Law

The case involves the custody of a minor child, M.M., who was removed from her mother's custody due to the mother's drug use and subsequent arrest. After the mother's death, M.M. was placed with foster parents, A.P.-1 and A.P.-2. The child's maternal aunt, E.L., intervened to seek custody. The West Virginia Department of Human Services (DHS) initially opposed E.L.'s intervention, alleging she had assisted in the child's "kidnapping" by the maternal grandmother, an allegation that was later unsubstantiated. E.L. moved from California to West Virginia to be closer to M.M. and was granted visitation rights.The Circuit Court of Putnam County held three permanency hearings and ultimately decided that it was in M.M.'s best interest to be placed permanently with E.L. The court made extensive findings of fact, noting that M.M. had formed a bond with E.L. during visitations and that E.L. could maintain M.M.'s relationships with her biological family. The court also considered that E.L. was well-equipped to meet M.M.'s medical and developmental needs and had no other children in her home, unlike the foster parents who had three other children with varying special needs.The Supreme Court of Appeals of West Virginia reviewed the case and affirmed the circuit court's decision. The court held that the circuit court had conducted a meticulous best-interest-of-the-child analysis, considering the child's bonds with both the foster parents and E.L., and the ability of E.L. to preserve important familial relationships. The court found no error in the circuit court's placement determination and concluded that the decision to grant permanent custody to E.L. was supported by the evidence and was in M.M.'s best interest. View "In re M.M" on Justia Law

The case involves a mother (Mother) whose parental rights to her children, D.H., M.H., and J.S., were terminated by the Circuit Court of Berkeley County. The Department of Human Services (DHS) received multiple referrals over the years regarding allegations of abuse and neglect against Mother, but initially did not file a petition. The father of D.H. and M.H. filed for a protective order after M.H. disclosed sexual abuse, leading to an administrative action and the appointment of a guardian ad litem (GAL) for the children. Subsequently, the father, with the GAL, filed an abuse and neglect petition alleging physical abuse, substance abuse, and failure to care for the children.The circuit court ordered the DHS to join the petition despite its initial objection. Mother contested the allegations, claiming the children were coached to lie. She requested public funding for an expert to review the children's forensic interviews, which the court denied, finding the expert unnecessary. The court conducted in camera interviews with D.H. and M.H., finding their disclosures consistent and credible. During the adjudicatory hearings, various witnesses, including the children’s therapist and forensic interviewer, testified about the abuse and neglect. The court found the allegations proven by clear and convincing evidence and adjudicated Mother as an abusing and neglecting parent.The Supreme Court of Appeals of West Virginia reviewed the case. It held that the circuit court did not violate the separation of powers doctrine by ordering the DHS to join the petition, as both the judiciary and executive branches have overlapping obligations to protect the best interests of children. The court also found no error in denying Mother’s request to hire an expert, as the proposed testimony would not aid the court, which is the trier of fact. The court affirmed the circuit court’s findings of abuse and neglect by clear and convincing evidence and upheld the termination of Mother’s parental rights, noting her failure to acknowledge the full extent of the abuse and neglect. View "In re D.H., M.H., and J.S." on Justia Law

In this case, the petitioner, Aaron W., appealed an order from the Intermediate Court of Appeals of West Virginia (ICA) that dismissed his appeal of a family court order. The family court had disqualified Aaron W.'s attorney from representing him in a divorce proceeding due to a conflict of interest, as the attorney had previously represented both parties in a related personal injury case. The family court's order included language indicating it was a final, appealable order.Initially, Aaron W. sought a writ of prohibition from the Circuit Court of Kanawha County to prevent the family court from ruling on the disqualification motion, arguing that the family court lacked jurisdiction. The circuit court denied the writ, and the Supreme Court of Appeals of West Virginia affirmed, holding that family courts have the authority to disqualify attorneys in cases of conflict of interest.Aaron W. then appealed the family court's disqualification order to the ICA, which dismissed the appeal, concluding that the order was interlocutory and that it lacked jurisdiction over such appeals. Aaron W. subsequently appealed the ICA's dismissal to the Supreme Court of Appeals of West Virginia.The Supreme Court of Appeals of West Virginia affirmed the ICA's dismissal, holding that the family court's disqualification order was not a final order because it did not terminate the litigation on the merits. The court explained that the ICA generally does not have appellate jurisdiction over interlocutory appeals, as specified by West Virginia Code § 51-11-4(d)(8). The court also noted that the family court's inclusion of finality language in its order did not transform the interlocutory order into a final, appealable order. Consequently, the ICA correctly dismissed the appeal for lack of jurisdiction. View "Aaron W. v. Evelyn W." on Justia Law

The petitioner, G.M., appealed the Circuit Court of Wyoming County's decision to terminate his parental rights to his daughter, S.M. The case began in September 2021 when the Department of Human Services (DHS) received a referral alleging drug use by S.M.'s mother, T.M. Despite a safety plan, T.M. continued to test positive for drugs, and the family was often not home during DHS visits. In March 2022, DHS filed an abuse and neglect petition after finding the home without electricity and a used needle on the counter. The petitioner waived his right to a preliminary hearing and later stipulated to the allegations without his attorney present, leading to his adjudication as an abusing and neglecting parent.The petitioner was granted an improvement period requiring him to undergo various treatments and services. However, he failed multiple drug tests and did not comply with the case plan, leading to the revocation of his improvement period in October 2022. Despite being given another chance to enter in-patient rehabilitation, the petitioner continued to test positive for drugs and was arrested for DUI in January 2023. At the final disposition hearing in March 2023, the court found no reasonable likelihood that the conditions of abuse and neglect could be corrected and terminated the petitioner's parental rights.The Supreme Court of Appeals of West Virginia affirmed the circuit court's decision. The court found that the petitioner knowingly and intelligently waived his right to counsel at the adjudicatory hearing and that the circuit court did not err in accepting his stipulation. The court also upheld the termination of parental rights, citing the petitioner's failure to comply with the improvement period and continued substance abuse, which indicated no reasonable likelihood of correcting the conditions of abuse and neglect. View "In re S.M." on Justia Law

The petitioner, J.F., appealed the Circuit Court of Kanawha County's order terminating his parental rights to his children, C.F. and T.F. The case began when the Department of Human Services (DHS) filed an abuse and neglect petition against J.F. after he was arrested for various charges, including child neglect. The petition alleged that J.F. had committed acts of domestic violence and verbal abuse in the presence of C.F. T.F. was living with his paternal grandparents under a legal guardianship at the time. The petition included historical allegations of domestic violence involving T.F.'s mother, M.H., and J.F., but no recent allegations involving T.F.The Circuit Court adjudicated J.F. as an abusive and neglectful parent and found both children to be abused and neglected. At the disposition hearing, the court terminated J.F.'s parental rights, citing his incarceration and denial of the abuse, which prevented DHS from providing remedial services. The court also denied J.F. post-termination visitation with his children.The Supreme Court of Appeals of West Virginia reviewed the case. The court found that the Circuit Court failed to make specific findings regarding T.F. being an abused or neglected child, as required by West Virginia Code § 49-4-601. The court noted that T.F. was living with non-abusive guardians and that the allegations of domestic violence involving T.F. were outdated. Consequently, the court vacated the Circuit Court's adjudicatory and dispositional orders concerning T.F. and remanded the case for further proceedings to determine if T.F. met the statutory definition of an abused or neglected child.The court affirmed the termination of J.F.'s parental rights to C.F., agreeing with the lower court's findings that the conditions of abuse and neglect were unlikely to improve due to J.F.'s denial of the circumstances. The court also upheld the denial of post-termination visitation, finding no evidence of a close emotional bond between J.F. and his children or that continued contact would not be detrimental to their well-being. View "In re C.F. and T.F." on Justia Law

The case involves a mother, N.C.-F., who appealed a decision by the Circuit Court of Kanawha County, West Virginia, regarding the placement of her children, M.F.-1, M.F.-2, and M.F.-3. The children's father had admitted to killing M.F.-3's mother, leading to an abuse and neglect case. The West Virginia Department of Human Services (DHS) placed M.F.-3 with his maternal aunt, S.M., while M.F.-1 and M.F.-2 remained in N.C.-F.'s physical custody, but their legal custody was with the DHS. The court terminated the father's parental rights and restored legal custody of M.F.-1 and M.F.-2 to N.C.-F. However, it denied N.C.-F.'s request for placement of M.F.-3 with her and his half-siblings.The Circuit Court of Kanawha County adjudicated M.F.-1, M.F.-2, and M.F.-3 as abused and neglected children based on the father's actions. The court terminated the father's parental rights and restored legal custody of M.F.-1 and M.F.-2 to N.C.-F. However, it denied N.C.-F.'s request for placement of M.F.-3 with her and his half-siblings, determining that maintaining M.F.-3’s placement with S.M. served his best interests.The Supreme Court of Appeals of West Virginia affirmed the lower court's decision. It found that the circuit court did not err in its rulings, including the decision to maintain M.F.-3’s placement with S.M. The court also found that the circuit court did not violate N.C.-F.'s constitutional due process rights by placing custody of her children with the DHS during the abuse and neglect proceedings. The court concluded that the circuit court's decision to place M.F.-3 with S.M. was in the child's best interest and that the court had properly facilitated regular visitation between M.F.-3 and his half-siblings. View "In Re M.F.-1" on Justia Law