Summary
The Supreme Court of Appeals of West Virginia affirmed an order terminating the parental rights of the father and mother to five children in an abuse and neglect proceeding. The court held that the mother failed to demonstrate a likelihood of fully participating in an improvement period and that the circuit court properly accepted the parents’ voluntary relinquishments after determining they were knowing, intelligent, and voluntary. The court also reminded the circuit court of its duties concerning permanent placement and periodic placement review.
Topics
Practice areas
Questions Presented
- Whether the circuit court abused its discretion by denying petitioner mother a post-adjudicatory improvement period.
- Whether the circuit court complied with the requirements governing voluntary relinquishment of parental rights, particularly whether the parents understood the consequences, available alternatives, and their hearing and representation rights.
- Whether the circuit court erred in accepting the voluntary relinquishments and terminating the parents' parental rights.
- Whether the circuit court was required to continue permanent-placement review and secure permanent placement for the children within the applicable time period.
Holdings
- The circuit court did not abuse its discretion in denying petitioner mother an improvement period because she failed to demonstrate by clear and convincing evidence that she was likely to fully participate.
- The circuit court sufficiently complied with Rule 35(a)(3) by determining that the parents understood the consequences of termination, were aware of less drastic alternatives, and understood their rights to a hearing and counsel.
- The circuit court did not err in accepting the parents' voluntary relinquishments or terminating their parental rights.
- The circuit court must continue conducting permanent-placement review conferences and must establish permanent placement within twelve months of the dispositional order absent extraordinary circumstances fully substantiated in the record.
Key quotations
“Based on the foregoing, we conclude that the voluntary relinquishment process was sufficiently explained to petitioners; that they knowingly, intelligently, and voluntarily relinquished their parental rights; and that they have failed to demonstrate that they signed the documentation due to coercion or duress.” (at 5)
“For the foregoing reasons, we find no error in the decision of the circuit court, and its January 19, 2021, order is hereby affirmed.” (at 7)
Factual background
The DHHR alleged chronic educational, medical, dental, and hygienic neglect and unsafe living conditions, including exposed wiring, infestations, no running water, animal feces, and garbage. The children had substantial school absences, poor hygiene, lice, scabies, severe dental decay, and developmental problems attributed to malnutrition and an overall neglectful environment. The parents repeatedly failed to participate in offered services, and the mother attended only nine of sixty scheduled visits. After testimony at multiple dispositional hearings, both parents voluntarily relinquished their parental rights following consultation with counsel and their guardians.
Procedural history
The DHHR filed a child abuse and neglect petition in December 2018, later amended after the birth of B.B.-1. After multiple continuances, the circuit court held an adjudicatory hearing in September 2019 and reconvened it in December 2019, when the parents entered voluntary stipulations. Following dispositional hearings and testimony concerning the children's neglect and the parents' failure to comply with services, the parents voluntarily relinquished their parental rights at a January 2021 hearing. The circuit court accepted the relinquishments and terminated parental rights by order entered January 19, 2021. The Supreme Court affirmed.
Remand instructions
No remand was ordered. The court reminded the circuit court to conduct permanent-placement review conferences at least every three months and to establish permanent placement within twelve months of the dispositional order, absent extraordinary circumstances fully substantiated in the record.