In Re: G.B. and K.B.-1
17-0508
| W. Va. | Oct 23, 2017Background
- DHHR filed an abuse and neglect petition (Jan 2017) alleging petitioner (K.B.-2) engaged in domestic violence in the children’s presence, struck child G.B., trafficked/used drugs in the home, and attempted to forcibly take G.B.; petitioner waived a preliminary hearing.
- At adjudicatory hearing (Feb 2017) testimony from mother, a sergeant, and a DHHR worker led the circuit court to adjudicate petitioner an abusing parent; petitioner had a prior termination of parental rights to another child related to domestic violence.
- Petitioner did not testify and did not request an improvement period during the proceedings.
- At dispositional hearing (Apr 2017) the court found aggravated circumstances (prior termination for domestic violence, failure to comply with orders) and concluded incarceration made participation in an improvement period impossible.
- Circuit court found no reasonable likelihood petitioner could substantially correct conditions of abuse and neglect and terminated his parental rights (May 3, 2017).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination of parental rights was appropriate vs. limiting relief to terminating only custodial rights | DHHR/guardian: termination necessary for children’s welfare given violence, prior termination, and lack of remediation | K.B.-2: court should have terminated only custodial rights; incarceration was the sole barrier to correction | Court affirmed termination: no reasonable likelihood of correction; termination required for children’s welfare |
| Whether an improvement period was required or available | DHHR/guardian: improvement period unnecessary—aggravated circumstances and prior failures justify termination | K.B.-2: claimed incarceration prevented correction and thus sought less severe relief | Court found participation impossible due to incarceration and petitioner did not request an improvement period; termination proper |
Key Cases Cited
- In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (W. Va. 1996) (standard of review and deference to circuit court factual findings in abuse and neglect cases)
- In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (W. Va. 2011) (applying statutory framework for termination and review standards)