In Re: A.M.
17-0098
| W. Va. | Jun 9, 2017Background
- DHHR filed abuse & neglect petition in Feb 2015 against the mother; amended petition (Oct 2015) added father R.T., alleging failure to provide safe, adequate shelter and a history of housing problems dating to 2008–2013.
- Evidence showed father’s prior residence in Canton, Ohio, was in deplorable condition (structural damage, bed bugs, lack of hot water, trash); he was evicted for nonpayment of rent and thereafter moved between homes with multiple occupants.
- Father’s only claimed income was Social Security; he missed multiple scheduled visits with the child and repeatedly failed to appear at dispositional hearings (though represented by counsel).
- Father submitted an illegible lease late and failed to timely verify housing for a DHHR home study; DHHR presented history of unsuccessful services aimed at housing stability.
- The circuit court adjudicated the child neglected due to lack of suitable shelter, found no reasonable likelihood father could correct conditions, and terminated his parental rights (Jan 4, 2017).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether father’s failure to provide suitable housing constituted neglect | Father: he never actively neglected A.M.; child never lived in the deplorable residence | DHHR/Court: father’s inability/refusal to provide safe shelter threatened child’s health and fit statutory neglect definition | Court: adjudication of neglect affirmed |
| Whether DHHR met clear-and-convincing burden on conditions at time of filing | Father: insufficient evidence tying housing conditions to A.M. | DHHR: presented evidence of unfit home at filing and father’s lack of residence by adjudicatory hearing | Court: DHHR met its burden; findings not clearly erroneous |
| Whether father’s lack of financial means excused failure to secure housing | Father: sole income was Social Security; inability to pay rent caused eviction | DHHR/Court: father produced no reliable income evidence; record shows long-standing, willful housing choices and prior services | Court: financial-need defense rejected as unsupported; inability not shown to be primary cause |
| Whether termination should be vacated if adjudication was erroneous | Father: termination premised on wrongful adjudication, so dispositional order should be vacated | DHHR/Court: termination proper because adjudication was correct and father failed to remedy conditions | Court: termination affirmed because adjudication was upheld |
Key Cases Cited
- In Interest of Tiffany Marie S., 196 W.Va. 223 (1996) (standard of review for bench trials and clearly erroneous test)
- In re Cecil T., 228 W.Va. 89 (2011) (reiterating standard of review for abuse and neglect bench findings)
- In Interest of S.C., 168 W.Va. 366 (1981) (DHHR must prove conditions at time of filing by clear and convincing evidence; no rigid mode of proof required)
- In re Joseph A., 199 W.Va. 438 (1997) (application of clear-and-convincing proof requirement in child abuse/neglect cases)