In re D.M., R.H., and K.U.
21-0373
| W. Va. | Nov 8, 2021Background:
- CPS opened an in‑home safety plan for M.H. in Feb 2019 due to substance abuse concerns; DHHR provided services through June 2020.
- In Aug 2020 DHHR filed abuse-and-neglect petitions after M.H. tested positive for controlled substances at the birth of R.H.; R.H. was drug‑exposed, suffered withdrawal, and required NICU care.
- Evidence and admissions at hearings: M.H. obtained Neurontin online without a prescription, lied about prescriptions, admitted methamphetamine use/relapse, and told a CPS worker she had signed guardianship to an aunt to avoid investigation.
- The circuit court adjudicated M.H. an abusing and neglecting parent and ordered inpatient substance‑abuse treatment; M.H. left a 28‑day program after 14 days and allegedly left against medical advice.
- M.H. missed numerous court‑ordered drug screens (roughly 24 missed between Jan–Apr 2021) and had positive screens for amphetamine, methamphetamine, and marijuana.
- At disposition (Apr 9, 2021) the circuit court terminated M.H.’s parental rights and denied post‑termination visitation; the West Virginia Supreme Court affirmed.
Issues:
| Issue | Plaintiff's Argument (M.H.) | Defendant's Argument (DHHR) | Held |
|---|---|---|---|
| Adjudication as abusing/neglecting parent | DHHR failed to prove abuse/neglect by clear and convincing evidence; pregnancy coping‑use should not equal abuse | Positive drug tests while pregnant, NICU withdrawal, prior CPS issues, admissions of nonprescribed use and deception | Adjudication affirmed — clear and convincing evidence of substance abuse and deception supported finding |
| Termination of parental rights | M.H. made progress in services, obtained employment, resumed screens after inpatient treatment, leaving early due to COVID/medical issues; should get more time | M.H. left treatment early AMA, was disrespectful to staff, missed many screens, had recent positive tests — no reasonable likelihood conditions will be corrected | Termination affirmed under WV Code §49‑4‑604(c)(6): no reasonable likelihood conditions can be substantially corrected |
| Post‑termination visitation | M.H. seeks contact based on parental interest and bond | Continued contact would be detrimental given ongoing substance abuse, noncompliance, and lack of exercised visitation during proceedings | Denial of post‑termination visitation affirmed — not in children’s best interests |
Key Cases Cited
- In re Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (1996) (standard for appellate review of circuit court factual findings in abuse/neglect bench trials)
- In re Cecil T., 228 W. Va. 89, 717 S.E.2d 873 (2011) (articulates standard of review for circuit court findings in abuse and neglect proceedings)
- In re F.S., 233 W. Va. 538, 759 S.E.2d 769 (2014) (clear‑and‑convincing standard and requirement findings be based on conditions at time of petition)
- In re R.J.M., 164 W. Va. 496, 266 S.E.2d 114 (1980) (termination may be used without less‑restrictive alternatives when no reasonable likelihood of correction)
- In re Kristin Y., 227 W. Va. 558, 712 S.E.2d 55 (2011) (reinforces availability of termination without intervening less‑restrictive alternatives)
- In re Christina L., 194 W. Va. 446, 460 S.E.2d 692 (1995) (factors for considering post‑termination visitation: bond, child’s wishes, best interest)
- In re Daniel D., 211 W. Va. 79, 562 S.E.2d 147 (2002) (applies Christina L. standard for post‑termination contact)