In Re: R.B. and C.B.
16-0880
| W. Va. | Jun 16, 2017Background
- DHHR filed abuse-and-neglect petition (Dec 2015) alleging parents left two children (ages ~1–2) unsupervised after a domestic incident and that parents abused heroin. Petitioner mother waived preliminary hearing.
- Circuit court ordered inpatient drug treatment; petitioner repeatedly failed to enter/complete programs and tested positive for controlled substances multiple times.
- Petitioner missed in-person adjudicatory and dispositional hearings though represented by counsel; was arrested and briefly incarcerated during proceedings.
- Circuit court adjudicated petitioner an abusing parent (Mar 2016) based on continued substance abuse and failure to participate in services; multiple dispositional hearings were continued or petitioner failed to appear.
- Mother left a detox program the same day she entered it; circuit court found no reasonable likelihood conditions could be corrected and terminated her parental rights (Aug 18, 2016).
- Children were placed with maternal grandmother and step-grandfather; permanency plan is adoption into that home.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court erred by terminating parental rights without using a less-restrictive dispositional alternative (e.g., guardianship with grandparents) | M.R.: law favors least-restrictive alternatives; more time/guardianship could allow rehabilitation and preserve parental rights | DHHR / guardian: mother repeatedly failed to follow rehabilitative plans and continued substance abuse; statutory standard for termination met | Court: No error — termination appropriate where no reasonable likelihood conditions can be corrected and parent failed to follow case plan |
| Whether the evidence and findings support termination under West Virginia law (standard of review / sufficiency) | M.R.: argues potential for correction if given time | DHHR: points to repeated noncompliance, positive tests, leaving treatment, arrests, absence from hearings | Court: Findings not clearly erroneous; appellate court defers to circuit court’s plausible account of record |
Key Cases Cited
- In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (standard of review for circuit court findings in abuse-and-neglect cases)
- In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996) (defining clearly erroneous standard for bench-tried child welfare matters)