Justia West Virginia Supreme Court of Appeals Opinion Summaries

The Supreme Court vacated the order of the circuit court modifying the disposition of this case to terminate Petitioners' parental rights under W. Va. Code Ann. 49-4-604(c)(6), holding that the circuit court erred in modifying the disposition absent a motion under section 49-4-606 and that the parties were deprived of due process when they were not notified that the circuit court intended to take up a motion to modify disposition.In 2017, the circuit court ordered a "section 5" disposition, concluding that Petitioners were unwilling or unable to provide for B.W.'s needs and that there were no parenting services available specifically tailed to Petitioners' need for reasonable accommodation under the Americans with Disabilities Act, 42 U.S.C. 12101 through 12213. The court did not terminate Petitioners' parental rights at that time but dismissed the case from its docket. In 2019, the circuit court held a status hearing and sua sponte modified the case's disposition to terminate Petitioners' parental rights. The Supreme Court vacated the order, holding that termination of Petitioners' parental rights violated the procedure required by section 49-4-606 to modify disposition and denied Petitioners due process. View "In re B.W." on Justia Law

The Supreme Court reversed the order of the circuit court removing the child B.A. from the custody of Petitioners, foster parents, holding that the circuit court properly considered Petitioners' finances but that remand was required for a full analysis of the facts within the framework of the sibling preference contained in W. Va. Code 49-4-111(e) and the holding in In re Carol B., 550 S.E.2d 636 (W. Va. 2001).Petitioners had already adopted B.A.'s older sibling when B.A. was placed in their foster care. The guardian ad litem appointed to represent B.A. later discovered a number of liens and judgments against Petitioners, as well as more than $46,000 in unpaid child support. The guardian recommended that B.A. be removed from Petitioners' custody due to those issues. The circuit court directed that B.A. be removed from Petitioners' custody, finding that Petitioners would not meet the prerequisites to adopt the child under W. Va. Code 48-22-701(d). The Supreme Court reversed, holding that the circuit court erred in its apparent failure to place any weight on Petitioners' adoption of B.A.'s sibling and that Petitioners' home was the only home B.A. had ever known. The Court remanded the case for the circuit court to perform a best interests analysis making detailed consideration of the sibling preference. View "In re B.A." on Justia Law

The Supreme Court affirmed in part and reversed in part the circuit court's order affirming the order of the family court refusing Petitioner's motion for a downward modification of his monthly child support obligation to Respondent for the benefit of their three children, holding that the circuit court erred in allowing the family court to refuse to modify the parenting plan and child support award on the basis of Respondent's higher income and the current custodial arrangement.Specifically, the Supreme Court (1) affirmed the portion of the circuit court's order leaving unchanged the amount of income attributed to Petitioner in the parties' original child support order; but (2) reversed the portion of the circuit court's order failing to modify child support based upon the fact that two of the parties' children now reside with Petitioner and his family instead of Respondent and that Respondent's income had substantially increased since the entry of the child support order. The Court remanded this case for the family court to hold a hearing, make findings of fact and conclusions of law regarding child support, and to enter a modified child support order in accordance with the provisions of this opinion. View "Hassan G. v. Tamra P." on Justia Law

The Supreme Court reversed the circuit court's May 15, 2019 amended adjudicatory order in the underlying abuse and neglect case, holding that the circuit court erred by refusing to find both that Father had committed sexual abuse of A.M. and that Mother was an abusive and/or neglectful parent because she had failed to protect both of her children from such abuse.By the 2019 order, the circuit court determined Father to be an abusive and/or neglectful parent of his two children and concluded that Mother had committed no abuse and/or neglect of the children. On appeal, the children's guardian ad litem argued that the circuit court erred by failing also to adjudicate Father of sexual abuse of the oldest child, A.M. and by not finding Mother to be an abusive and/or neglectful parent based upon her failure to protect the children from such sexual abuse. The Supreme Court agreed and reversed the circuit court's 2019 amended adjudicatory order and to enter a new amended adjudicatory order finding that Father sexually abused A.M. and that Mother was an abusive and/or neglectful parent. View "In re A.M." on Justia Law

The Supreme Court reversed the disposition order of the circuit court that terminated Mother's parental rights to her children, holding that the circuit court erred in concluding that Mother failed to comply with the terms of her improvement period and in terminating Mother's parental rights on the same grounds.On appeal, Mother argued that the circuit court erred in terminating her parental rights upon finding that she failed successfully to complete the terms of her post-adjudicatory improvement period and that there was no likelihood that the circumstances of abuse and neglect could be remedied in the near future. Specifically, Mother argued that the Department of Health and Human Resources' act of stopping payment for Mother's substance abuse treatments that had been approved for her use as part of her improvement period and family case plan violated the Department's obligations to follow the approved case plan and to make efforts to preserve the family. The Supreme Court agreed, holding that the circuit court erred in concluding that Mother had not complied with her improvement period, and it was clear error for the circuit court to have terminated Mother's parental rights on this basis. View "In re M.M." on Justia Law

The Supreme Court reversed the order of the circuit court denying Grandmother's motion to intervene in the abuse and neglect proceeding regarding her infant grandchild, holding that, under the specific facts of this case, a remand was necessary for an evidentiary hearing to determine whether the preference for grandparent placement was in the child's best interest.When the Department of Health and Human Services filed a petition for immediate custody of the child Grandmother requested that she be allowed to intervene in this matter and that the child be placed in her custody. The circuit court denied the motion to intervene and ordered that a foster care placement be maintained regarding placement and custody until further order of the court. The Supreme Court reversed and remanded the case, holding (1) the circuit court did not err by denying Grandmother a meaningful opportunity to be heard under W. Va. Code 49-1-601(h); (2) the grandparent preference statute provides that adoption by a grandparent is presumptively in the child's best interest; and (3) under the facts of this case, a remand was required for the circuit court to hold an evidentiary hearing in which Grandmother is allowed to fully participate and address whether placement with Grandmother was in the child's best interest. View "In re P.F." on Justia Law

The Supreme Court vacated the disposition order of the circuit court that terminated Mother's parental rights to her two children, holding that the circuit court erred by failing to address Mother's alleged status as a "battered parent."The circuit court adjudicated Mother as an abusive and neglectful parent and terminated Mother's parental rights, finding no reasonable likelihood that the conditions of neglect and abuse could be substantially corrected in the near future. On appeal, Mother argued that the circuit court erred by finding that she was abusive and neglectful based upon Father's domestic violence. The Supreme Court vacated the disposition order, holding that, given the circuit court's failure to make findings of fact and conclusions of law regarding Mother's alleged status as a "battered parent," the case must be remanded for a new adjudicatory hearing. View "In re H.L." on Justia Law

In this abuse and neglect matter, the Supreme Court affirmed the order of the circuit court denying Mother's post-termination visitation motion, holding that filing a post-termination visitation motion does not extend the timeframe to appeal a final disposition order and that the circuit court did not err in denying Mother's post-termination visitation motion.The circuit court entered an order terminating Mother's parental rights and prohibited Mother from having further contact with her child. Mother subsequently filed a post-termination motion. The circuit court denied the motion. Mother appealed, alleging that the circuit court erred by terminating her parental rights and by denying her post-termination visitation motion. The Supreme Court affirmed, holding (1) Mother's appeal of the final disposition order was untimely, and Mother's filing of the post-termination visitation motion did not extend the timeframe to appeal the underlying final disposition order; and (2) the circuit court did not err by denying Mother's post-termination visitation motion. View "In re S.L." on Justia Law

The Supreme Court reversed the circuit court's order terminating Father's parental rights and remanded the matter for a new dispositional hearing, holding that the circuit court erred in granting multiple extensions to the pre-adjudicatory improvement period, and the court's factual determinations were clearly erroneous and contrary to the record.After his three minor children were removed from his home, Father was granted a pre-adjudicatory improvement period starting on September 14, 2016. Over the next two years, the circuit court granted extensions to the pre-adjudicatory improvement period. Father was not adjudicated until November 23, 2018. On June 3, 2019, the circuit court terminated Father's parental rights. The Supreme Court reversed, holding (1) the court erroneously granted several extensions to the pre-adjudicatory improvement period, in violation of time limits set forth by W. Va. Code 49-4-610(1) and 49-4-610(9); and (2) the circuit court's findings relating to the substantive allegations upon which Father's parental rights were terminated were clearly erroneous. View "In re A.T." on Justia Law

The Supreme Court reversed the order of the circuit court affirming a family court order dismissing a petition seeking genetic testing to establish paternity and allocate custodial responsibility filed by Petitioner, holding that the circuit court erred by affirming the family court's ruling that Petitioner lacked standing to initiate a paternity action.Following a hearing, the family court issued an order directing paternity testing. Prior to genetic testing, Respondents were granted a writ of prohibition prohibiting enforcement of the family court's order, finding that Petitioner lacked standing to initiate the paternity action. The Supreme Court reversed, holding (1) a petition by a putative biological father seeking to establish his paternity over a child who was born while the mother was married to another man satisfies the "special circumstances" exception in State ex rel. Roy Allen S. v. Stone, 474 S.E.2d 554 (W. Va. 1996), if certain conditions are met; and (2) under the narrow and specific facts of this case Petitioner had standing to pursue his paternity action. View "Michael N. v. Brandy M." on Justia Law