Summary
The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner father R.B.’s parental rights to J.B. and S.B. The court declined to address his arguments because his brief lacked supporting legal authority, a standard of review, and specific citations to the record, and it found no prejudicial error in the circuit court’s proceedings.
Holdings
- The Court may decline to address assignments of error when the appellant's brief fails to comply with Rule 10(c)(7) by lacking a standard of review, citations to supporting legal authority, and appropriate citations to the record.
- The circuit court's factual findings were not clearly erroneous, and the Court found no prejudicial error in the proceedings or termination order.
Questions Presented
- Whether the circuit court erred in applying the statutory time limits and expectations applicable to abuse and neglect proceedings.
- Whether the expectations imposed during the abuse and neglect proceedings created impossible goals for a respondent struggling with addiction.
- Whether the Supreme Court could address Father's assignments of error when his brief lacked a standard of review, citations to legal authority, and citations to the appellate record.
Disposition
affirmed
Cases Cited (8)
- In re K.H., 235 W. Va. 254, 773 S.E.2d 20 (2015)(followed)
- Melinda H. v. William R. II, 230 W. Va. 731, 742 S.E.2d 419 (2013)(followed)
- State v. Brandon B., 218 W. Va. 324, 624 S.E.2d 761 (2005)(followed)
- State v. Edward Charles L., 183 W. Va. 641, 398 S.E.2d 123 (1990)(followed)
- In Interest of Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (1996)(followed)
- In re Cecil T., 228 W. Va. 89, 717 S.E.2d 873 (2011)(followed)
- State v. Kaufman, 227 W. Va. 537, 711 S.E.2d 607 (2011)(followed)
- United States v. Dunkel, 927 F.2d 955 (7th Cir. 1991)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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