In re C.F. and T.F.
907 S.E.2d 176
W. Va.2024Background
- J.F. (petitioner/father) appealed the termination of his parental rights to his children, C.F. and T.F., by the Circuit Court of Kanawha County, West Virginia.
- C.F. witnessed domestic violence and verbal abuse involving J.F. and his mother S.H.; T.F. resided with his paternal grandparents under legal guardianship and was not present during these events.
- The Department of Human Services (DHS) filed an abuse and neglect petition against J.F. following his arrest for violence and abuse-related offenses; no contemporaneous allegations against T.F. were substantiated.
- The circuit court adjudicated both children as abused/neglected and terminated J.F.'s parental rights to both, also denying him post-termination visitation.
- On review, the Supreme Court found the circuit court failed to make specific, contemporaneous findings justifying adjudication of T.F. as abused or neglected, but upheld termination as to C.F.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Court jurisdiction over T.F. as abused/neglected | Circuit court lacked jurisdiction because T.F. was not living with J.F. and there was no abuse at time of petition. | DHS conceded lack of specific findings regarding T.F. | Circuit court erred; order as to T.F. vacated, remanded for findings. |
| Whether less restrictive alternatives were required | Parental rights should not have been terminated because C.F. had a fit parent and T.F. was in guardianship. | Termination was appropriate as conditions unlikely to improve and parent denied abuse. | Termination of parental rights to C.F. affirmed; no less restrictive alternative required. |
| Post-termination visitation | J.F. should have post-termination visitation with children. | Continued contact not in best interest; no evidence of beneficial bond. | Denial of post-termination visitation affirmed. |
Key Cases Cited
- In re Cecil T., 717 S.E.2d 873 (W. Va. 2011) (appellate standard for circuit court findings in abuse/neglect cases)
- In re C.S. and B.S., 875 S.E.2d 350 (W. Va. 2022) (jurisdiction over child in legal guardianship requires contemporaneous harm/threat)
- In re B.V., 886 S.E.2d 364 (W. Va. 2023) (specific findings required for each child to establish subject-matter jurisdiction)
- In re Christina L., 460 S.E.2d 692 (W. Va. 1995) (criteria for post-termination visitation with an abusing parent)