In re A.P.-1, A.P.-2, A.P.-3, 241 W. Va. 688

Summary

This document is Justice Workman’s opinion concurring in part and dissenting in part in a West Virginia child abuse and neglect proceeding. The opinion addresses whether adjudication and disposition should occur in separate hearings, whether a circuit court retains jurisdiction to revisit an adjudication, and whether lengthy parental incarceration may constitute abandonment or neglect. It also discusses the application of the factors identified in In re Cecil T. and the children’s best interests and need for permanency.

Holdings

1. Justice Workman concluded that, when the statutory definitions of abandonment and neglect are construed together, a lengthy incarceration that prevents a parent from meeting even minimal parental duties may support an adjudication or disposition of abandonment or neglect and termination of parental rights.
2. Justice Workman concluded that the circuit court retained jurisdiction and inherent authority to revisit its earlier adjudicatory decision before judgment and that no new petition was required because no new allegations had arisen.
3. Justice Workman agreed that the adjudication and disposition determinations should have been made in separate hearings and that the case should be remanded for a separate dispositional hearing, unless the parties agreed to proceed immediately to disposition.
4. Justice Workman concluded that the factors identified in In re Cecil T. are relevant at both adjudication and disposition when the statutory criteria are met, and that incarceration may support a finding of neglect at adjudication.

Questions Presented

1. Whether a parent’s lengthy incarceration may constitute neglect or abandonment under West Virginia Code § 49-1-201 when the incarceration prevents the parent from supplying the child with basic necessities and parental care.
2. Whether the circuit court retained jurisdiction and inherent authority to revisit its initial adjudicatory ruling before final judgment.
3. Whether adjudication and disposition in a child abuse and neglect proceeding must occur in separate hearings absent the parties’ agreement to proceed immediately to disposition.
4. Whether the factors identified in In re Cecil T. may be considered at both the adjudicatory and dispositional stages.

Disposition

remanded