In re J.B. II

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of a father’s petition for a writ of habeas corpus challenging the termination of his parental rights. The court declined to recognize an ineffective-assistance-of-counsel claim in the abuse and neglect proceeding and held that the father lacked standing to challenge the failure to place the child with the paternal grandmother. The decision was issued as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. The court declined to recognize a claim of ineffective assistance of counsel in an abuse and neglect proceeding through habeas corpus, direct appeal, or otherwise, absent a compelling argument to do so; therefore, denial of the father's habeas petition was proper.
2. The father lacked standing to advocate for the paternal grandmother's preferred placement of the child because the alleged placement right belonged to the grandmother, who had not moved to intervene.
3. Under the circumstances of this case, the guardian ad litem provided effective assistance by advocating for termination of the father's parental rights.

Questions Presented

1. Whether the circuit court erred by denying a habeas corpus petition challenging termination of parental rights and asserting ineffective assistance of counsel.
2. Whether the father had standing to challenge the DHHR's failure to place the child with the paternal grandmother.
3. Whether the child's guardian ad litem provided ineffective assistance by advocating for termination of the father's parental rights.

Disposition

affirmed