Justia West Virginia Supreme Court of Appeals Opinion Summaries

A mother was involved in two separate abuse and neglect proceedings concerning her three children. In the first case, both she and the children’s father were alleged to have engaged in domestic violence in the children’s presence, and the father was also accused of abusing one child. After participating in services, the mother regained custody, but the father’s parental rights were terminated, and a no-contact order was issued against him. In the second case, the Department of Human Services alleged that the mother violated the no-contact order by allowing the father back into the home, continued to engage in domestic violence with him, and failed to protect the children. The mother claimed that the father forced his way into her home and that she was afraid to call law enforcement due to his threats.The Circuit Court of Nicholas County found probable cause to remove the children and, after a contested adjudicatory hearing, determined that the mother was an abusive and neglectful parent. The court did not make findings regarding the mother’s assertion that she was a “battered parent” under West Virginia law, despite her testimony and request for such a determination. The court subsequently terminated her parental rights, finding no reasonable likelihood that she could correct the conditions of abuse and neglect and that termination was in the children’s best interests.The Supreme Court of Appeals of West Virginia held that when a parent asserts “battered parent” status before the conclusion of an adjudicatory hearing, the circuit court must allow evidence on that issue and make specific findings as required by statute. Because the circuit court failed to do so, both the adjudicatory and dispositional orders were vacated, and the case was remanded for further proceedings consistent with the opinion. View "In re J.F.-1, C.F., and L.H." on Justia Law

The case concerns a mother whose three children were removed from her care after the West Virginia Department of Human Services filed a petition alleging abuse and neglect. The Department asserted that both parents abused substances, failed to provide adequate food, clothing, supervision, and housing, and exposed the children to unsanitary and unsafe living conditions. The eldest child, though living primarily with her grandmother, was still exposed to the parents’ home environment. Law enforcement and expert witnesses described the home as cluttered, with animal feces present, and testified to the children’s significant developmental, nutritional, and medical issues, which were attributed to environmental neglect.The Circuit Court of Kanawha County held a series of hearings, during which evidence was presented by both the Department and the mother. The court found that the children were in imminent danger and ratified their removal. After multiple adjudicatory hearings, the court found the children to be abused and neglected, though it initially failed to enter a written order with specific factual findings. At the dispositional hearing, the court denied the mother’s request for a post-adjudicatory improvement period, citing her continued drug use, lack of acknowledgment of the children’s conditions, and failure to take responsibility. The court then terminated her parental rights, finding no reasonable likelihood that the conditions of abuse and neglect could be corrected in the near future.On appeal, the Supreme Court of Appeals of West Virginia addressed whether the absence of specific factual findings at adjudication deprived the lower court of subject matter jurisdiction to proceed to disposition. The court held that while specific findings are a statutory prerequisite for moving to disposition, they are not a requirement for subject matter jurisdiction. The court also affirmed the denial of an improvement period and the termination of parental rights, concluding that the lower court did not err under the facts presented. The judgment of the Circuit Court was affirmed. View "In re R.M., B.M., and H.M." on Justia Law

A mother failed to obtain necessary follow-up medical care for her child, P.S., after ear surgery, resulting in the child’s hearing loss. The West Virginia Department of Human Services (DHS) filed a petition alleging medical neglect of P.S. and broader neglect of all children in the home, including H.B., R.B., B.S., O.S., and I.S. The mother stipulated only to medical neglect of P.S. During the proceedings, she was granted a post-adjudicatory improvement period and initially made progress, but later tested positive for drugs, stopped participating in services, and ceased communication with DHS.The Circuit Court of Boone County adjudicated all the children as abused and neglected and terminated the mother’s parental rights to R.B., B.S., O.S., P.S., and I.S., and her custodial rights to H.B. The court found that the mother’s disengagement and substance abuse demonstrated an unwillingness to comply with the improvement plan, and that DHS had made reasonable efforts to reunify the family. The court did not terminate the mother’s parental rights to H.B. due to his age and wishes.On appeal, the Supreme Court of Appeals of West Virginia held that the circuit court erred in adjudicating and terminating the mother’s rights as to H.B., R.B., B.S., O.S., and I.S. based solely on her stipulation to medical neglect of P.S., as neglect of one child cannot be automatically imputed to others under the statutory definitions. The court affirmed the termination of parental rights to P.S., finding no error in the adjudication or disposition as to her. The orders were vacated as to the other children and remanded for further proceedings, including reopening adjudication for those children. View "In re H.B., R.B., B.S., P.S., O.S., and I.S." on Justia Law

The case involves petitioners P.F. and R.F., who sought custody and visitation rights for their grandchild, A.F., following the termination of A.F.'s mother's parental rights due to abuse and neglect. The Department of Human Services (DHS) had previously removed A.F. from her mother's custody in 2017 due to deplorable living conditions in the home shared with the petitioners. In 2021, A.F. was again removed from her mother's custody and placed with foster parents, K.B. and M.B., who had previously cared for her. Petitioners moved to intervene and obtain custody and visitation in 2022, but the DHS opposed their motion, citing past maltreatment substantiations against petitioner R.F.The Circuit Court of Wood County initially denied petitioners' motion for visitation and directed the DHS to conduct a home study. Although the DHS initially denied the home study based on past substantiations, the DHS's Board of Review later reversed these substantiations and ordered a new home study, which was ultimately approved. Despite this, the DHS, guardian ad litem, and foster parents opposed placement with the petitioners, arguing that A.F. was thriving with the foster parents and had no bond with the petitioners.The Supreme Court of Appeals of West Virginia reviewed the case and found that the circuit court's order denying petitioners' motions for custody and visitation lacked sufficient findings to demonstrate that it properly considered the grandparent preference statute, West Virginia Code § 49-4-114(a)(3). The court emphasized that the statute presumes placement with grandparents is in the best interests of the child unless the record shows otherwise. The court vacated the circuit court's order and remanded the case for further proceedings, instructing the lower court to conduct a new evidentiary hearing and make detailed findings regarding the grandparent preference and the best interests of A.F. View "In re A.F." on Justia Law

In this child abuse and neglect case, the mother, A.L., challenged the circuit court’s failure to rule on her motion for a post-adjudicatory improvement period and the subsequent termination of her parental rights to her four children. She also appealed the denial of post-termination visitation. The case involved prior incidents where Child Protective Services (CPS) intervened due to lack of supervision, including two separate incidents where her children were injured by firearms. Despite services provided by the Department of Human Services (DHS), the mother failed to comply consistently, leading to the filing of a new petition in August 2021 after another gunshot incident involving her child.The Circuit Court of Kanawha County adjudicated the mother as an abusing and neglectful parent and terminated her parental rights. The mother appealed, and the Supreme Court of Appeals of West Virginia vacated the initial dispositional order due to insufficient findings and remanded for a new order addressing the improvement period and providing detailed findings. On remand, the circuit court again terminated her parental rights, citing her failure to rectify the conditions of abuse and neglect despite extensive DHS involvement and services.The Supreme Court of Appeals of West Virginia affirmed the termination of parental rights, finding that the circuit court did not abuse its discretion given the mother’s history of non-compliance and the recurring issues of lack of supervision. However, the court vacated the denial of post-termination visitation, noting that the circuit court failed to consider the children’s best interests and the potential emotional bond with the mother. The case was remanded for further proceedings to determine whether post-termination visitation would be in the best interests of the children. View "In re Z.D.-1" on Justia Law

The Department of Health and Human Resources filed a petition alleging that S.N.M. abused and neglected her three children, K.A, Jr., N.A, and J.B. The circuit court found abuse and neglect had occurred and terminated S.N.M.’s parental rights as to all three children. S.N.M. appealed, and the case was remanded with directions to determine if the circuit court had subject-matter jurisdiction as to J.B. and to rule on S.N.M.’s motion for a post-adjudicatory improvement period. After remand, the circuit court denied the motion and terminated S.N.M.’s parental rights to J.B. again.The circuit court found that J.B.’s paternal grandmother had sought guardianship due to the parents' substance abuse and other issues. The court also found that J.B. visited her mother’s home and was subjected to the same conditions as her half-siblings. However, the record lacked evidence of when these visits occurred or if the conditions existed at the time of the petition’s filing. The circuit court denied a post-adjudicatory improvement period for S.N.M., citing her continued drug use, association with violent partners, and failure to acknowledge her substance abuse issues.The Supreme Court of Appeals of West Virginia reviewed the case. It affirmed the circuit court’s decision to deny a post-adjudicatory improvement period for K.A., Jr., and N.A., finding no abuse of discretion. However, it reversed the termination of parental rights as to J.B., concluding that the circuit court lacked subject-matter jurisdiction. The court found that the circuit court’s findings were insufficient to establish jurisdiction over J.B. and remanded the case with directions to dismiss the petition regarding J.B. for lack of subject-matter jurisdiction. View "In re K.A., N.A., and J.B." on Justia Law

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