In re D.P.-1, M.P., and D.P.-2

Summary

The West Virginia Supreme Court of Appeals affirmed an order terminating petitioner father R.P.’s parental, custodial, and guardianship rights to three children in a child abuse and neglect proceeding. The court rejected challenges concerning a preliminary hearing on an amended petition, the father’s exclusion from the courtroom during a child’s testimony, denial of an improvement period, termination of rights, and post-termination visitation. The court also reminded the circuit court of its duties concerning permanent placement.

Holdings

1. A second preliminary hearing was unnecessary because petitioner had waived the initial preliminary hearing, at which custody was transferred to the DHHR.
2. The circuit court did not err by requiring petitioner to leave the courtroom during T.W.'s testimony because the applicable child abuse and neglect procedures permitted the testimony outside the parent's presence and preserved consultation with counsel.
3. The circuit court acted within its discretion in denying petitioner an improvement period because he failed to demonstrate by clear and convincing evidence that he was likely to fully participate.
4. The circuit court properly terminated petitioner's parental, custodial, and guardianship rights because there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and termination was necessary for the children's welfare.
5. Petitioner was not entitled to relief concerning post-termination visitation because he cited no authority establishing such an entitlement and the record did not show that visitation had actually been denied.
6. The circuit court was required to continue reviewing and establish permanent placement for the children, including compliance with the applicable time limits and placement priorities.

Questions Presented

1. Whether petitioner was entitled to a second preliminary hearing after the DHHR amended the abuse and neglect petition.
2. Whether the circuit court violated petitioner's rights by requiring him to leave the courtroom during T.W.'s testimony.
3. Whether the circuit court abused its discretion by denying petitioner a post-adjudicatory improvement period.
4. Whether the evidence supported termination of petitioner's parental, custodial, and guardianship rights.
5. Whether the circuit court improperly discontinued or denied post-termination visitation.

Disposition

affirmed