In Re: C.S. and N.S.
16-0772
| W. Va. | Feb 21, 2017Background
- In Feb 2015 DHHR filed an abuse-and-neglect petition for children C.S. (8) and N.S. (9) alleging truancy, lack of supervision, domestic violence between parents, alcohol abuse by father, and poor living conditions. Other children were included in the petition but are not at issue on appeal.
- Petitioners (mother J.S. and father T.S.) admitted to several allegations at adjudication (truancy, lack of supervision, verbal altercations) and were granted post-adjudicatory improvement periods.
- The circuit court repeatedly found petitioners substantially compliant with formal terms of their improvement periods but also found they failed to "internalize" the services and did not correct the underlying conditions; father was later arrested for DUI.
- Children expressed fear of at least one parent and said they did not want to return home; evidence supported keeping the siblings together.
- In July 2016 the circuit court denied reunification as contrary to the children’s best interests and granted DHHR permanent guardianship with physical placement to relatives in North Carolina. Petitioners appealed, arguing their substantial compliance warranted reunification.
Issues
| Issue | Petitioners' Argument | DHHR/Other Parties' Argument | Held |
|---|---|---|---|
| Whether the circuit court erred in awarding DHHR permanent guardianship | Petitioners: They substantially complied with improvement periods and corrected home conditions, so reunification should be ordered | DHHR/guardian: Despite formal compliance, parents failed to internalize services; ongoing alcohol abuse and DUI show conditions persisted and reunification is not in children’s best interests | Affirmed: court may consider more than technical compliance; best interests control and evidence supports permanent guardianship |
Key Cases Cited
- In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (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 (2011) (restating standard of review for circuit court findings)
- In re B.H., 233 W.Va. 57, 754 S.E.2d 743 (2014) (dispositional decisions are governed by child’s best interests; compliance is only one factor)