815 S.E.2d 490
W. Va.2018Background
- Infant I.M.K. was born in July 2017 with opiates in its system, suffered severe neurological/respiratory injury, and died at ~17 days old while in NICU.
- DHHR filed an abuse-and-neglect petition against the mother and father while the infant was alive; temporary custody was vested in DHHR and a guardian ad litem (GAL) was appointed.
- After the infant’s death, parents moved to dismiss the petition; the circuit court denied dismissal and certified two legal questions to the West Virginia Supreme Court of Appeals.
- Certified questions: (1) May an adjudicatory hearing proceed and may a deceased infant be adjudicated abused/neglected if the child died before adjudication? (2) Should the GAL remain a party after the child’s death?
- The Supreme Court reviewed statutory text, legislative purpose, and prior precedent (notably In Re: A.L.C.M.) and accepted both questions for decision.
Issues
| Issue | Plaintiff's Argument (DHHR/GAL) | Defendant's Argument (Parents) | Held |
|---|---|---|---|
| May adjudication proceed and a deceased infant be adjudicated abused/neglected when death occurs before adjudication? | Petition filed while child alive; adjudication focuses on conditions at filing; continuing protects identification/documentation and future children. | Mootness: purpose of adjudication (protection, case plan, permanency) cannot be served because child is dead and no other children exist. | Yes. Court held adjudication may proceed; findings must be based on conditions existing at petition filing (and amendments). |
| Should the guardian ad litem remain a party after the child’s death? | GAL’s independent investigation and advocacy are essential to present the child’s interests and facts to court; GAL should remain until proceedings conclude. | GAL should be dismissed because there is no live client and no child-best-interests pole to guide proceedings. | Yes. GAL remains involved to advocate for the deceased child until conclusion of proceedings. |
Key Cases Cited
- In Re: A.L.C.M., 239 W. Va. 382 (801 S.E.2d 260) (W. Va. 2017) (holding presence of illegal drugs in a live-born child supports filing an abuse-and-neglect petition)
- In re Jeffrey R.L., 190 W. Va. 24 (435 S.E.2d 162) (1993) (children entitled to effective counsel and GAL investigation throughout abuse-and-neglect proceedings)
- State v. T.C., 172 W. Va. 47 (303 S.E.2d 685) (1983) (initial finding of abuse/neglect is prerequisite to state intervention and dispositional alternatives)
- James M. v. Maynard, 185 W. Va. 648 (408 S.E.2d 400) (1991) (GAL’s role continues until child placed in permanent home)
- In re Katie S., 198 W. Va. 79 (479 S.E.2d 589) (1996) (primary goal in family law is health and welfare of children; GAL and counsel must provide vital information to court)