In re A.T., B.T., and N.T. (Separate Included)
24-241
| W. Va. | Jun 27, 2025Background
- In 2017, the West Virginia Department of Human Services (DHS) filed a petition alleging abuse and neglect by the parents, J.T.-1 and J.T.-2.
- In 2018, the Circuit Court of Randolph County placed the children, A.T., B.T., and N.T., in the permanent, subsidized legal guardianship of their maternal grandmother, maintaining DHS custody until paperwork was completed.
- The grandmother (guardian) died in 2023; the children were moved to foster care while the court considered future custody arrangements.
- The parents were initially involved in subsequent proceedings, but did not seek placement of the children with themselves, only wishing to be informed about potential custodians.
- In April 2024, the court dismissed the parents from the case, finding they lacked standing due to the prior transfer of custody.
- The parents appealed, arguing their statutory and constitutional right to participate as parties with parental rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether parents with residual parental rights may participate in post-dispositional proceedings involving child placement | Parents (J.T.-1 and J.T.-2) argued they retain a statutory right to participate as parties. | DHS and Guardian ad Litem argued parents forfeited standing/custodial rights under prior orders. | Court agreed dismissal was erroneous but found it harmless error as parents had no further substantive input. |
| Whether exclusion of parents was reversible error | Exclusion deprived parents of constitutional rights and the opportunity to be heard on placement. | Dismissal was justified given prior transfer of custody and lack of parental involvement in placement decisions. | Exclusion was harmless error since parents had been allowed to participate and had not sought custody. |
Key Cases Cited
- In re Cecil T., 228 W. Va. 89, 717 S.E.2d 873 (W. Va. 2011) (sets the standard of review in abuse and neglect appeal)
- State v. Tammy R., 204 W. Va. 575, 514 S.E.2d 631 (W. Va. 1999) (error in excluding a parent from placement hearing is harmless if court is aware of all material evidence)
- Lindsie D.L. v. Richard W.S., 214 W. Va. 750, 591 S.E.2d 308 (W. Va. 2003) (recognizes fundamental parental rights under state and federal constitutions)
- Alyssha R. v. Nicholas H., 233 W. Va. 746, 760 S.E.2d 560 (W. Va. 2014) (affirms the fundamental liberty interest in parental decision-making)