In Re: J.R.
17-0119
| W. Va. | Sep 5, 2017Background
- In March 2016 DHHR filed an abuse-and-neglect petition alleging petitioner-mother A.R.’s substance abuse led to neglect of her then-two-year-old child J.R.; mother had prior relinquishment of an older child and criminal history.
- In April 2016 mother stipulated to abuse and neglect; the circuit court adjudicated J.R. abused/neglected.
- August 2016 the court granted a post-adjudicatory improvement period; the DHHR later moved to terminate it based on missed and positive drug screens and false statements about receiving therapy and a Suboxone prescription.
- October 2016 hearing: evidence showed missed/failed drug screens, positive tests for amphetamines/controlled substances, and no medical records supporting her claimed treatment or prescription; the court terminated the improvement period.
- November 2016 dispositional hearing: mother continued noncompliance, provided inaccurate medical/treatment information, and failed to cooperate; the court terminated her parental rights to J.R. (permanency plan: adoption with foster home holding both siblings).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court erred in terminating the post-adjudicatory improvement period | A.R.: termination was improper because she was likely to improve and missed drug screens due to work schedule | DHHR/Court: A.R. failed to fully participate—missed/failed drug screens, positive tests, dishonesty about treatment | Court: No error; termination within discretion because A.R. did not fully participate or make necessary progress |
| Whether the circuit court erred in terminating parental rights under WV Code §49-4-604(b)(6) (no reasonable likelihood conditions can be corrected) | A.R.: conditions could be substantially corrected; termination was premature/hasty | DHHR/Court: A.R. failed to follow the case plan and rehabilitative efforts—continued substance use and dishonesty—making termination necessary for child’s welfare | Court: No error; statutory grounds satisfied and termination in child’s best interests |
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 bench-tried abuse-and-neglect cases)
- In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (W.Va. 2011) (reciting appellate standard of review for bench findings)
- In re Lacey P., 189 W.Va. 580, 433 S.E.2d 518 (W.Va. 1993) (trial court discretion to terminate improvement period if parent not making necessary progress)
- State ex rel. Amy M. v. Kaufman, 196 W.Va. 251, 470 S.E.2d 205 (W.Va. 1996) (children’s right to resolution, permanency, and a basic level of nurturance and security)