In re: B.A.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner father H.H.’s parental rights to B.A. The court rejected his due process, motion-to-dismiss, and evidentiary challenges, holding that he received adequate notice and an opportunity to defend against the abandonment allegations and that clear and convincing evidence supported the adjudication of abandonment.

Holdings

1. The circuit court did not violate H.H.'s due process rights by permitting the DHHR to amend the petition to allege abandonment and reopening the adjudicatory hearing to address that allegation.
2. The circuit court properly denied H.H.'s motion to dismiss the first amended petition.
3. The evidence was sufficient to support H.H.'s adjudication as having abandoned B.A.
4. The Court affirmed the termination order and declined to address H.H.'s assertion that termination itself was improper because his brief did not adequately argue or support that assignment of error.

Questions Presented

1. Whether allowing the DHHR to amend the abuse and neglect petition to allege abandonment and reopening the adjudicatory hearing violated H.H.'s due process rights or denied him notice and an opportunity to be heard.
2. Whether the circuit court erred in denying H.H.'s motion to dismiss the first amended petition.
3. Whether the evidence was sufficient to support H.H.'s adjudication as having abandoned B.A.
4. Whether the circuit court erred in terminating H.H.'s parental rights.

Disposition

affirmed