In Re: C.L.
16-0801
| W. Va. | May 22, 2017Background
- DHHR filed abuse and neglect petitions (June 2015) alleging petitioner’s drug use, unsafe home conditions, and leaving the child with a registered sex offender; petitioner did not contest neglect at adjudication (Aug. 2015).
- Circuit court granted a post-adjudicatory improvement period requiring, among other things, substance-abuse treatment and regular visitation.
- DHHR reported petitioner failed to enter or cooperate with drug treatment and had sporadic visitation; court extended the improvement period but urged greater progress.
- By early 2016, DHHR and guardian recommended disposition due to lack of progress; a termination motion was filed and the court ordered petitioner to enter treatment (Apr. 2016).
- Petitioner was reportedly incarcerated before the final dispositional hearing (details unclear). At the July 2016 dispositional hearing the court found no reasonable likelihood conditions could be corrected and terminated petitioner’s parental, custodial, and guardianship rights; child placed with maternal grandmother with adoption goal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred in terminating petitioner’s post‑adjudicatory improvement period | Petitioner: termination improper (court should have kept improvement period open) | DHHR: petitioner failed to fully participate in required treatment and visitation | Court: no error; petitioner failed to fully participate so termination of improvement period proper |
| Whether parental, custodial, and guardianship rights should be terminated | Petitioner: termination was erroneous given her asserted efforts/mitigating circumstances (e.g., incarceration) | DHHR/guardian: petitioner did not follow through with a reasonable case plan (failed drug treatment, sporadic visitation); therefore no reasonable likelihood conditions will be corrected | Court: affirmed termination under WV Code §49-4-604(a)(6) and (c)(3); termination in child’s best interest |
Key Cases Cited
- In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (standard of review for abuse and neglect findings)
- In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996) (appellate review standard for findings of fact in abuse and neglect cases)
- In re Lacey P., 189 W.Va. 580, 433 S.E.2d 518 (1993) (court discretion to terminate improvement periods if parent not making necessary progress)