Summary
The Supreme Court of Appeals of West Virginia held that a parent in an abuse and neglect proceeding must receive a meaningful opportunity to be heard at a dispositional hearing. This includes the opportunity to testify and present witnesses under West Virginia Code § 49-4-601(h). The court reversed and remanded for a new dispositional hearing limited to allowing the father to present evidence and testify.
Holdings
- A parent having custodial or other parental rights or responsibilities must be afforded a meaningful opportunity to be heard at an abuse-and-neglect dispositional hearing, including the opportunity to testify and present witnesses.
Questions Presented
- Whether the circuit court violated R.S.'s statutory and constitutional due-process rights by imposing a disposition affecting his parental rights without providing him a meaningful opportunity to testify and present witnesses at the dispositional hearing.
Disposition
reversed_and_remanded
Cases Cited (9)
- In re Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (1996)(followed)
- Chrystal R.M. v. Charlie A.L., 194 W. Va. 138, 459 S.E.2d 415 (1995)(followed)
- In re Willis, 157 W. Va. 225, 207 S.E.2d 129 (1973)(followed)
- In re Samantha M., 205 W. Va. 383, 518 S.E.2d 387 (1999)(followed)
- In re Sutton, 132 W. Va. 875, 53 S.E.2d 839 (1949)(followed)
- State ex rel. H.S. v. Beane, 240 W. Va. 643, 814 S.E.2d 660 (2018)(followed)
- State ex rel. C.H. v. Faircloth, 240 W. Va. 729, 815 S.E.2d 540 (2018)(followed)
- In re Jonathon G., 198 W. Va. 716, 482 S.E.2d 893 (1996)(followed)
- State ex rel. W. Va. Dep't of Human Servs. v. Cheryl M., 177 W. Va. 688, 356 S.E.2d 181 (1987)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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