In Re: J.W.
17-0507
W. Va.Oct 23, 2017Background
- DHHR filed an abuse and neglect petition in Dec. 2016 alleging H.W. failed to correct conditions that earlier led to termination or relinquishment of parental rights to five older children (unfit living conditions, relationship with substance‑abusing father, dishonesty, and lack of improvement despite services).
- Petitioner waived the preliminary hearing and, at adjudication (Mar. 2017), stipulated to aggravated circumstances; circuit court found she had deceived the court about parentage, maintained the harmful relationship, and lived in uninhabitable conditions.
- The circuit court concluded DHHR was not required to provide reunification services given the aggravated circumstances and chronic conditions.
- At disposition (Apr. 2017) the court terminated H.W.’s parental rights and denied her motion for post‑termination visitation, finding no evidence such contact would be in the child’s best interest.
- Father voluntarily relinquished rights; the child is placed in foster care with a goal of adoption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of post‑termination visitation was error | H.W.: She never formed a bond because she was denied visitation during proceedings; therefore post‑termination visitation could be warranted | DHHR & GAL: No evidence visitation would be in child’s best interest given persistent unfitness and prior terminations | Court: Denial affirmed — no evidence petitioner corrected chronic conditions or that visitation would benefit the child |
Key Cases Cited
- In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996) (standard of review for circuit‑court findings in abuse and neglect bench trials)
- In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (applies Tiffany Marie standard to appeal review)
- In re Christina L., 194 W.Va. 446, 460 S.E.2d 692 (1995) (post‑termination visitation may be considered where visitation is in child’s best interest and not detrimental)
- In re Daniel D., 211 W.Va. 79, 562 S.E.2d 147 (2002) (reiterates factors for considering post‑termination visitation)