In Re: J.M.-1, J.M.-2, P.S., N.M., Z.M., and A.M.
16-0932
| W. Va. | Apr 10, 2017Background
- DHHR filed an abuse-and-neglect petition (Mar 2016) after CPS found heroin residue, needles, and filthy conditions in the family home; petitioner initially denied but later admitted ownership of paraphernalia.
- CPS implemented a safety plan placing the children in petitioner’s mother’s home; petitioner did not return to that home after the plan was put in place.
- Preliminary and adjudicatory hearings (Apr–May 2016) resulted in a finding of neglect and the children remaining in DHHR custody.
- Petitioner’s participation in services was minimal and late; she only began participating at the end of June 2016 and applied for substance abuse treatment about one week after the dispositional hearing, which she did not attend.
- A psychological evaluator reported petitioner was defensive and lacked insight into how her substance abuse endangered the children.
- At the dispositional hearing (Aug 2016) the circuit court terminated petitioner’s parental rights; the West Virginia Supreme Court affirmed (Apr 10, 2017).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner substantially corrected conditions of abuse/neglect so termination was improper | Petitioner argued moving out of the allegedly deplorable home and entering substance-abuse treatment showed substantial correction | DHHR/guardian argued petitioner’s substance abuse persisted, she delayed and minimally engaged in services, and failed to follow through | Court held petitioner did not remedy conditions; lack of timely or sustained compliance supported termination under WV Code §49-4-604(c)(3) |
| Whether termination was in children’s best interests | Petitioner implied reunification efforts should continue given her later treatment application | DHHR/guardian argued continued risk and petitioner’s lack of meaningful compliance weighed against reunification | Court held reunification was not in children’s best interests and termination was appropriate under WV Code §49-4-604(a)(6) |
Key Cases Cited
- In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (W. Va. 1996) (standard of review for circuit-court findings in abuse-and-neglect cases)
- In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (W. Va. 2011) (application of clearly-erroneous standard to custody findings)