In Re: J.P.-1
17-0482
| W. Va. | Oct 23, 2017Background
- DHHR filed abuse and neglect petition after mother (J.P.-2) gave birth while using controlled substances; newborn (J.P.-1) exhibited withdrawal, required feeding tube and oxygen.
- Petitioner had unstable housing, missed medical and Birth-to-Three appointments for the child, and tested positive for a non-prescribed controlled substance; she previously relinquished rights to another child.
- Petitioner stipulated to abuse at adjudication and received a post-adjudicatory improvement period with substance-abuse treatment, random drug screens, and supervised visitation conditions.
- Petitioner repeatedly failed to complete inpatient programs, left a residential program to go to a bar, was later arrested for DUI without a valid license, and missed appointments and treatment obligations.
- At dispositional hearing petitioner arrived late, was represented by counsel, the court permitted DHHR to proffer evidence, petitioner spoke once (asking about voluntary-relinquishment paperwork), the court found no reasonable likelihood conditions could be corrected and terminated parental rights; petitioner’s post-termination request to speak was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner was denied a meaningful opportunity to be heard at dispositional hearing | Petitioner contends she was not given a meaningful chance to address the court before termination | DHHR and guardian: petitioner was given the opportunity; she arrived late, had counsel, did not present evidence or object, and asked only about paperwork | Court held petitioner was afforded a meaningful opportunity to be heard when she entered, asked a question, and did not seek to testify or present witnesses; denial of post-termination request was not reversible error |
Key Cases Cited
- In re Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (W.Va. 1996) (standard for reviewing circuit court findings of fact in non-jury proceedings)
- In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (W.Va. 2011) (clarifies application of the standard of review in abuse and neglect appeals)