Justia West Virginia Supreme Court of Appeals Opinion Summaries

The Supreme Court affirmed the decision of the circuit court denying Petitioners' motion to intervene in this abuse and neglect case involving their niece, G.G., holding that the circuit court did not err in denying the motion.The West Virginia Department of Health and Human Resources instituted an abuse and neglect proceeding against G.G.'s mother and father. Ultimately, G.G.'s biological father voluntarily relinquished his parental rights, and G.G.'s mother's parental rights were involuntarily terminated after a hearing. Thereafter, Respondents, G.G.'s foster parents, filed a motion to intervene in the abuse and neglect proceedings seeking to adopt G.G. Petitioners then filed their motion to intervene, seeking permanent placement of G.G. The circuit court granted Respondents' motion and denied Petitioners' motion. The Supreme Court affirmed, holding that there was no basis to set aside the circuit court's determination. View "In re G.G." on Justia Law

The Supreme Court affirmed the judgment of the circuit court terminating Mother's parental and custodial rights due to her substance abuse problem, holding that the circuit court did not err in terminating Mother's rights and in declining to extend her improvement period or grant an additional, post-dispositional improvement period.After a dispositional hearing, the circuit court denied Mother's motion for a post-dispositional improvement period and terminated her parental and custodial rights. The Supreme Court affirmed, holding that the circuit court did not err by (1) refusing to extend Mother's post-adjudicatory improvement period; (2) denying Mother's motion for a post-dispositional improvement period; and (3) terminating Mother's parental and custodial rights. View "In re H.D." on Justia Law

The Supreme Court affirmed the order of the family court concluding that a qualified domestic relations order (QDRO) entered in 2001, rather than a final order of divorce, must control the division of Husband's retirement benefit, holding that Husband's motion to vacate the QDRO was untimely under W. Va. R. Civ. P. 60(b).The parties in this case were divorced by a final order entered by the circuit court in 2000, and the circuit court entered a QDRO in 2001. In 2020, Husband filed a motion to vacate the QDRO, arguing that Wife was only entitled to the amount contained in the divorce order. The family court denied the motion after determining that the QDRO and final divorce order contained conflicting terms regarding the division of Husband's retirement benefit, and therefore, the QDRO must be enforced. The Supreme Court affirmed after considering Husband's argument pursuant to Rule 60(b), holding that Husband's requested relief was not timely sought. View "Carl A. v. Deborah A." on Justia Law

The Supreme Court vacated the portion of the adjudicatory and dispositional orders culminating in the termination of Petitioners' parental rights to four of the seven children at issue in this case and affirmed the termination of Petitioners' parental rights as to the remaining children, holding that the circuit court erred in part.In the underlying proceedings the circuit court terminated the parental, custodial, and guardianship rights to seven children, three of whom resided in the home at the time the abuse and neglect petition was filed and the other four of whom were in legal guardianships with various relatives. The Supreme Court vacated the orders in part, holding (1) there was ample support for the termination of Petitioners' parental rights as to the children who resided in the home; and (2) the circuit court failed to make adequate findings to support its exercise of jurisdiction over the children in legal guardianships. View "In re B.V." on Justia Law

The Supreme Court reversed the order of the circuit court refusing to adjudicate Father as an abusive and neglectful parent and remanded the case, holding that the circuit court erred in concluding that Father did not abandon Child.Father was identified as the father of Child, who was removed from the home of his mother because of drug use and other conditions, and the pending abuse and neglect petition was amended to add him as an alleged neglectful parent. The circuit court declined to make a finding of abandonment. The Supreme Court reversed, holding that the evidence showed that Father demonstrated a settled purpose to forgo his responsibilities and duties to Child and thus abandoned him. View "In re C.M.-1" on Justia Law

In this abuse and neglect matter, the Supreme Court granted a writ of mandamus compelling the circuit court to reunify Daughter with Parents and to remove Kinship Parents' party status in the underlying action, holding that Daughter and Parents had a clear legal right to reunification, and the circuit court had a clear legal duty to order that reunification.Upon filing the underlying petition, the Department of Health and Human Resources (DHHR) removed Daughter from Father's home and placed her with Kinship Parents. After Parents successfully completed post-adjudicatory improvement periods all parties recommended reunification of the family. The circuit court concluded that the DHHR was required to move for termination of Parents' parental rights under W. Va. Code 49-4-605(a)(1) because Daughter had been in "foster care" for more than fifteen months. The Supreme Court granted a writ of mandamus, holding that there was a clear legal right to reunification and a clear legal duty to order that reunification and that there was no other adequate remedy available. View "State ex rel. L.D. v. Honorable Cohee" on Justia Law

The Supreme Court vacated the dispositional order of the circuit court terminating Father's parental rights to his minor children under W. Va. Code 49-4-604(c)(6) due to aggravated circumstances, holding that the dispositional order was insufficient to permit a meaningful review of the proceedings below.The circuit court conducted an adjudicatory hearing and found by clear and convincing evidence that Father had abused the two children. The circuit court terminated Petitioner's parental rights at the conclusion of the hearing. The Supreme Court vacated the circuit court's dispositional order and remanded the case with directions, holding that the order did not contain the requisite findings of fact and conclusions of law in accordance with W. Va. Code 49-4-604 and Rule 36(a) of the West Virginia Rules of Procedure for Child Abuse and Neglect Proceedings. View "In re E.H." on Justia Law

The Supreme Court granted a writ of prohibition sought by the West Virginia Department of Health and Human Resources and others (collectively, DHHR) to prohibit the Honorable Louis Bloom, Judge of the Circuit Court of Kanawah County, from enforcing mandamus orders he issued against DHHR, holding that DHHR was entitled to a writ of prohibition.The circuit court established the underlying mandamus proceeding initiated by two Kanawha County Guardians ad Litem (the GALs) to compel the DHHR to address and remedy issues of employee staffing and training in the Kanawha County Child Protective Services Division Office. The circuit court subsequently granted the GALs' request to expand the scope of the initial writ of mandamus and added issues concerning statewide staff and child housing over the DHHR's objections. The Supreme Court granted a writ of prohibition, holding that the circuit court exceeded the scope of its agreed-upon order by impermissibly expanding the scope of the mandamus proceeding. View "State ex rel., W. Va. Dep't of Health & Human Resources v. Honorable Bloom" on Justia Law

The Supreme Court vacated a portion of the circuit court's dispositional order terminating Petitioner's parental rights to his child, holding that the termination of Petitioner's parental rights was erroneously based upon a condition of abuse and neglect upon which Petitioner was never adjudicated.The Department of Health and Human Resources filed an abuse and neglect petition alleging medical neglect, educational neglect, and substance abuse. Petitioner stipulated to medical and educational neglect, and the circuit court adjudicated Petitioner neglectful on that sole basis. The circuit court then terminated Petitioner's parental rights. The Supreme Court vacated the judgment in part, holding (1) Petitioner's termination improperly presumed a substance abuse disorder that was never proven and therefore not the subject of Petitioner's adjudication; and (2) the circuit court erred in terminating Petitioner's parental rights based upon failure to comply with an improvement period that was not properly implemented in accordance with statutory requirements. View "In re K.L." on Justia Law

The Supreme Court affirmed the decision of the circuit court terminating Petitioner's parental rights to his six children and denying his motion to reconsider the court's prior order denying his motion for an improvement period, holding that there was no error.At an adjudicatory hearing, based on Petitioner's admissions to the unsuitable and unsafe living conditions at the time of the emergency removal, the circuit court adjudged the children to be neglected children. Petitioner moved for a post-adjudicatory improvement period to secure a more suitable residence that would be habitable for the children. The circuit court denied the motion. Thereafter, the court terminated Petitioner's parental rights. The Supreme Court affirmed, holding that the circuit court did not err in concluding (1) there was no reasonable likelihood that the conditions of neglect that led to the removal of the children could be corrected in the near future and that termination of Petitioner's parental rights was appropriate; and (2) termination of Petitioner's parental rights was necessary for the welfare of the children. View "In re J.D.-1" on Justia Law