In Re: C.S.
17-0379
| W. Va. | Sep 5, 2017Background
- DHHR filed abuse and neglect petition (Aug 2016) alleging mother's drug abuse; petitioner J.W. was listed as possible father and initially unreachable, so notice was by publication.
- Petitioner missed early proceedings and two DNA-test appointments; he attended testing in Feb 2017 and was confirmed as the child’s father.
- Petitioner did not attend any hearings (preliminary, adjudicatory, status, dispositional) though represented by counsel; he did not make himself available for services or support the child during proceedings.
- Circuit court adjudicated petitioner for neglect, found proper notice by publication, and at dispositional hearing (Mar 30, 2017) denied an improvement period and terminated petitioner’s parental rights.
- Petitioner appealed solely arguing the circuit court erred by denying an improvement period and by terminating his parental rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner should have been granted an improvement period after paternity was established | J.W.: After learning of paternity he cooperated and should receive an improvement period | DHHR/Circuit Ct.: Petitioner failed to demonstrate likelihood of full participation; missed hearings and DNA appointments and did not request an improvement period | Denied — court found petitioner did not show by clear and convincing evidence he would fully participate and also failed to move for an improvement period |
| Whether termination of parental rights was appropriate | J.W.: Termination was improper given recent paternity confirmation and claimed cooperation | DHHR/Circuit Ct.: No reasonable likelihood conditions could be corrected; petitioner failed to follow through with services or contact the child | Affirmed — termination appropriate under WV Code §49-4-604(c) because petitioner did not respond to rehabilitative efforts and could not substantially correct neglect |
Key Cases Cited
- In re Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (W. Va. 1996) (standard of review for bench findings in abuse and neglect cases)
- In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (W. Va. 2011) (appellate review standard for findings of fact and conclusions of law)
- In re M.M., 236 W.Va. 108, 778 S.E.2d 338 (W. Va. 2015) (circuit court discretion to grant or deny improvement periods)
- In re Katie S., 198 W.Va. 79, 479 S.E.2d 589 (W. Va. 1996) (court discretion to grant improvement period within statutory requirements)
- In re R.J.M., 164 W.Va. 496, 266 S.E.2d 114 (W. Va. 1980) (termination may be used without intervening less restrictive alternatives when no reasonable likelihood conditions can be corrected)
- In re Kristin Y., 227 W.Va. 558, 712 S.E.2d 55 (W. Va. 2011) (termination standards and when termination is appropriate)