745 S.E.2d 572
W. Va.2013Background
- West Virginia Supreme Court of Appeals reviewed a Morgan County abuse/neglect matter involving Marley M. and her mother Morgan Y.
- Morgan Y. voluntarily relinquished parental rights to Marley M. at the adjudication stage; the relinquishment was accepted by the circuit court.
- DHHR petition alleged abuse/neglect related to two non-household, non-relative children left in Morgan Y.’s care; Marley M. herself was not directly alleged to be harmed.
- The circuit court terminated Morgan Y.’s parental rights; Morgan Y. sought post-termination visitation and challenged the lack of a formal adjudication.
- The Court held that the absence of an adjudication and the failure to hold a hearing on post-termination visitation were errors and remanded for further proceedings.
- The Court also clarified the legal effect of voluntary relinquishment during an ongoing abuse/neglect case, requiring consideration of adjudication/disposition on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court erred by denying dismissal based on non-household, non-relative harm | Morgan Y. argues harm to non-household infants cannot justify termination of her rights | Morgan Y. and others contend allegations support abuse/neglect despite lack of relatedness | Remanded; issue not resolved on direct grounds due to relinquishment timing |
| Whether post-termination visitation hearings were properly considered | Morgan Y. seeks post-termination visitation as allowed by prior precedent | Court did not conduct evidentiary hearing on visitation | Reversed; remanded to hear post-termination visitation unless manifestly unnecessary; no contact unless court orders supervised visitation as appropriate |
Key Cases Cited
- In re Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (1996) (standard of review for abuse/neglect findings; clear error threshold)
- In re T.W., 230 W.Va. 172, 737 S.E.2d 69 (2012) (voluntary relinquishment does not obviate adjudication/dispositional requirements)
- Wright v. Doris S., 197 W.Va. 489, 485 S.E.2d 865 (1996) (silence may be used as evidence of culpability in remedial proceedings)
- Daniel D., 211 W.Va. 79, 562 S.E.2d 147 (2002) (parent may relinquish or offer evidence to refute abuse/neglect charges; Hobson’s choice concerns)
- Christina L., 194 W.Va. 446, 460 S.E.2d 692 (1995) (post-termination visitation considerations and procedures)