In Re: P.F., C.F., L.F., and J.F.-1
17-0651
W. Va.Dec 1, 2017Background
- DHHR filed abuse-and-neglect petition (June 2016): no working utilities, little food, eviction threat, refrigerator locked, and reports that parents used methamphetamine and snorted pills.
- Amended petition alleged failure to follow through with ophthalmology care and failure to ensure two children wore prescribed corrective lenses.
- Petitioner admitted controlled substance use and was adjudicated an abusing parent; she received a post-adjudicatory improvement period but struggled to comply with services.
- During the improvement period petitioner missed visits, parenting and life-skills classes, and drug screens; she had multiple positive drug tests and ceased contact with DHHR at times.
- Petitioner requested a post-dispositional improvement period at disposition but admitted further drug use shortly before the hearing; the circuit court denied the request and terminated her parental rights (April 10, 2017).
- Children placed with paternal uncle with goal of adoption; father’s parental rights were also terminated.
Issues
| Issue | Petitioner’s Argument | DHHR / Respondents’ Argument | Held |
|---|---|---|---|
| Whether the court erred by terminating parental rights rather than granting a post-dispositional improvement period | Petitioner: Court should prefer less-restrictive alternatives; petitioner’s intended separation from husband is a substantial change warranting another improvement period | DHHR: Petitioner failed prior improvement period, continued drug use, and did not demonstrate a substantial change or likelihood of full participation | Court: Denied post-dispositional period; termination affirmed |
| Whether there was a reasonable likelihood conditions could be corrected in the near future | Petitioner: Promised future compliance if given another chance | DHHR: Repeated noncompliance, positive drug screens, and no treatment sought show unlikely correction | Court: No reasonable likelihood; termination necessary for children’s welfare |
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 factual findings in abuse-and-neglect cases)
- In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (reiterating standard of review for factual findings)
- In re R.J.M., 164 W.Va. 496, 266 S.E.2d 114 (1980) (termination may be used without less-restrictive alternatives when no reasonable likelihood of correction exists)
- In re Kristin Y., 227 W.Va. 558, 712 S.E.2d 55 (2011) (discussion of termination standards under statutory scheme)