In Re: K.J. and L.J.
17-0329
| W. Va. | Sep 25, 2017Background
- DHHR filed an abuse & neglect petition after K.J. was twice hospitalized for ingesting ADHD medication and concerns about the children’s hygiene and car seat condition. Mother reported substance abuse in petitioner’s family and that she left L.J. with petitioner while seeking treatment for K.J.
- Records and testimony showed petitioner had a history of domestic violence (including a threat to kill the mother) and prior supervised-visitation problems—often intoxicated, late, or absent; a supervisor observed him fall asleep while holding an infant.
- Circuit court found probable cause and removed the children to DHHR custody; petitioner was adjudicated neglected due to substance abuse and granted a post-adjudicatory improvement period with requirements including psychological testing and substance-abuse treatment.
- During the proceedings petitioner repeatedly tested positive for amphetamine, methamphetamine, Suboxone, and marijuana, left rehab against medical advice, failed required drug screens, refused psychological evaluation, and failed to participate in services or contact his caseworker.
- DHHR moved to terminate petitioner’s parental, custodial, and guardianship rights; petitioner did not attend the dispositional hearing. The circuit court terminated his rights, and petitioner appealed.
Issues
| Issue | Petitioner’s Argument | DHHR / Respondent’s Argument | Held |
|---|---|---|---|
| Whether termination was more restrictive than necessary | Termination of parental rights was unnecessary; limiting relief to custodial/guardianship rights would be least restrictive | Petitioner failed to comply with the case plan, remained addicted, and posed ongoing risk; termination justified under statutory grounds | Affirmed: termination appropriate because no reasonable likelihood conditions could be corrected and termination was necessary for children’s welfare |
| Whether petitioner followed reasonable family case plan | Petitioner disputed that visits were problematic and pointed to supervised visits as evidence of safety | Record shows near-total noncompliance: missed services, refused evaluation, positive drug screens, left treatment early | Held petitioner did not follow through with plan; supports termination |
| Whether substance abuse rendered petitioner unable to parent | Petitioner acknowledged possible continued addiction and contested only visit safety | Multiple positive drug tests and failure to engage in treatment showed habitual substance abuse impairing parenting | Held petitioner was addicted, untreated, and parenting capacity seriously impaired; supports termination |
| Adequacy of circuit court’s factual findings | Petitioner implied factual error or excessive remedy | Circuit court made findings based on record, prior domestic-violence records, drug tests, and supervised-visit reports; standard of review requires deference unless clearly erroneous | Held findings not clearly erroneous; appellate court affirmed termination |
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 non-jury abuse/neglect trials)
- In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (same appellate-review principles cited)
- In re R.J.M., 164 W.Va. 496, 266 S.E.2d 114 (1980) (termination may be used without intervening less-restrictive alternatives when conditions cannot be corrected)
- In re Kristin Y., 227 W.Va. 558, 712 S.E.2d 55 (2011) (affirming termination framework under West Virginia Code for neglect cases)