In Re: L.L.-1, L.L.-2, and L.L.-3
17-0693
| W. Va. | Nov 22, 2017Background
- In Jan 2017 DHHR filed abuse-and-neglect petitions after petitioner (father J.L.) fled police at high speed with two children in the vehicle, attempted to strike an officer, was under the influence, drugs were found, and the children were unrestrained. Allegations also included chronic domestic violence and failure to provide medical care.
- In Mar 2017 the circuit court adjudicated the children abused and neglected. In May 2017 a dispositional hearing was held; petitioner pled guilty to a charge related to the incident and had probation revoked, resulting in consecutive 1–10 year sentences.
- Petitioner admitted relapse on substance abuse and failure to complete remedial services; evidence showed the children were infants/toddlers (none older than three) and exposed to egregious conduct.
- The circuit court terminated petitioner’s parental rights and denied post-termination visitation, finding continued contact would not be in the children’s best interests given the abuse, drug use, and domestic violence.
- Petitioner appealed only the denial of post-termination visitation; he did not challenge termination of parental rights on appeal. The Supreme Court of Appeals of West Virginia affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred by denying post-termination visitation | J.L.: two children will remember him and have a relationship; no evidence he abused the children; visitation not detrimental | DHHR/guardian: petitioner’s conduct (drug use, fleeing police with children unsecured, domestic violence) established abuse and made visitation contrary to best interests | Affirmed: denial of post-termination visitation was proper because continued contact would be contrary to children’s best interests given egregious conduct and their young ages |
Key Cases Cited
- In re Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996) (standard of review for circuit-court factual findings in abuse-and-neglect cases)
- In re Christina L., 194 W.Va. 446, 460 S.E.2d 692 (1995) (post-termination visitation may be considered when in child's best interest; court to assess bond and detriment)
- In re Daniel D., 211 W.Va. 79, 562 S.E.2d 147 (2002) (restating factors for considering post-termination visitation)
- In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (citing standard of review applied to abuse-and-neglect findings)