In E.H., A.H., G.H., and S.H., 16-0393

DHHR filed abuse-and-neglect petitions in Feb. 2015 (later amended to add a fourth child) alleging unsafe housing and domestic violence in petitioner father R.H.’s home.
At the June 2015 adjudicatory hearing, R.H. stipulated to the allegations and was adjudicated an abusing parent.
R.H. received a post-adjudicatory improvement period requiring weekly drug screens, regular visits, a psychological evaluation, and compliance with a domestic-violence assessment and program.
Psychological evaluation reported R.H. tried to deceive a social worker by hiding a prohibited contact in his home; R.H. began a 32-week domestic-violence class but missed sessions and had to restart.
In early 2016 R.H. tested positive for multiple controlled substances without prescriptions, missed drug screens and numerous scheduled visits with his children, and failed to complete the domestic-violence program.
The circuit court terminated R.H.’s parental rights and denied post-termination visitation based on his drug use, missed visits, failed domestic-violence remediation, and deceptive conduct; the Supreme Court of Appeals affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the circuit court erred by denying post-termination visitation to R.H.	R.H.: He shares a bond with the children and visitation would not be detrimental; children are too young to state wishes but continued contact is in their best interest.	DHHR & guardian: Given R.H.’s missed visits, positive drug screens, failure to complete domestic-violence treatment, visitation would be inappropriate and potentially harmful.	Court: Affirmed denial. Given R.H.’s unreliability, substance use, missed visits, and unresolved domestic-violence issues, post-termination visitation was not in the children’s best interest.

In re Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (W. Va. 1996) (standard of review for bench findings of fact in family/abuse-and-neglect cases)
In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (W. Va. 2011) (reiterating review standard for abuse-and-neglect findings)
In re Emily, 208 W.Va. 325, 540 S.E.2d 542 (W. Va. 2000) (trial court’s role in assessing witness credibility in abuse-and-neglect proceedings)
In re Christina L., 194 W.Va. 446, 460 S.E.2d 692 (W. Va. 1995) (circuit court may permit post-termination visitation in appropriate cases; factors to consider)
Michael D.C. v. Wanda L.C., 201 W.Va. 381, 497 S.E.2d 531 (W. Va. 1997) (deference to factfinder on credibility and related determinations)
In re Travis W., 206 W.Va. 478, 525 S.E.2d 669 (W. Va. 1999) (addressing standards for reviewing factual findings in family law matters)