In re K.L.

Summary

The Supreme Court of Appeals of West Virginia reversed the termination of Ashley L.'s parental rights to K.L. because the circuit court improperly shifted the burden of proof from the Department of Health and Human Resources to the parent. The Court held that the Department retained the burden to prove abuse or neglect by clear and convincing evidence, even where the parent previously lost parental rights to a sibling. The case was remanded for further proceedings consistent with those requirements.

Holdings

1. The burden of proof remains with the DHHR throughout an abuse and neglect proceeding and does not shift to the parent. Even when West Virginia Code section 49-6-5b(a)(3) applies, the DHHR must prove by clear and convincing evidence that the current child is abused or neglected in addition to proving the prior termination involving a sibling.
2. The Court may sua sponte notice plain error in an abuse and neglect appeal when the error is clear or obvious, affects substantial rights, and seriously affects the fairness, integrity, or public reputation of the proceedings.
3. Shifting the burden to the parent to disprove abuse or neglect violates constitutional due process, and the error is reversible unless harmless beyond a reasonable doubt. Termination of parental rights requires clear, cogent, and convincing proof.
4. If the DHHR elects to proceed, it must file an amended abuse and neglect petition containing specific allegations and evidence concerning abuse or neglect of K.L., including relevant developments after the original petition. The burden remains on the DHHR to prove those allegations by clear and convincing evidence.

Questions Presented

1. Whether the circuit court committed plain error by shifting to the parent the burden of proving a substantial change in circumstances and thereby relieving the DHHR of its burden to prove abuse or neglect.
2. Whether the burden-shifting error violated the parent's constitutional due process rights and constituted reversible, nonharmless error.
3. What proceedings were required on remand when the petition was based solely on a prior involuntary termination of parental rights to a sibling.

Disposition

reversed_and_remanded