Summary
The West Virginia Supreme Court of Appeals affirmed the termination of the petitioner mother's parental rights and the denial of post-termination visitation with M.B. The court held that West Virginia properly exercised jurisdiction under the UCCJEA because an Ohio court had declined jurisdiction in favor of West Virginia. It also concluded that denying visitation was in the child's best interests given the mother's continued substance abuse, lack of recent visitation, and the child's need for stability and permanency.
Topics
Practice areas
Questions Presented
- Whether the circuit court properly exercised jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act after the Ohio court declined to exercise jurisdiction.
- Whether the circuit court erred by denying petitioner post-termination visitation with M.B.
Holdings
- The circuit court properly exercised jurisdiction under West Virginia Code § 48-20-201(a)(3) because the Ohio court, which had jurisdiction or potentially had jurisdiction, declined to exercise it on the ground that West Virginia was the more appropriate forum.
- The circuit court did not err in denying post-termination visitation because the evidence showed that renewed visitation would be detrimental to M.B. and contrary to the child's best interests.
Key quotations
“When parental rights are terminated due to neglect or abuse, the circuit court may nevertheless in appropriate cases consider whether continued visitation or other contact with the abusing parent is in the best interest of the child.” (at 4)
“Because the record shows that post-termination visitation would have been detrimental and against M.B.’s best interest, we find no error.” (at 5)
Factual background
The DHHR initiated proceedings after petitioner gave birth to B.J. while in possession of drugs and under the influence, resulting in the child's drug exposure and treatment. M.B. had been removed from petitioner's custody and placed in West Virginia foster care during the proceedings, while an Ohio court declined jurisdiction in favor of West Virginia. Petitioner stipulated that her substance abuse prevented her from appropriately caring for the children, and the circuit court later terminated her parental rights based on continued substance abuse, missed drug screens, and other failures to remedy the conditions of abuse and neglect. The circuit court denied post-termination visitation with M.B. because petitioner had stopped drug screening, had not visited the child for approximately four months, and renewed contact would not serve the child's need for stability and permanency.
Procedural history
The DHHR filed an abuse and neglect petition in July 2020 after petitioner gave birth to B.J. while under the influence of drugs and B.J. required treatment for drug exposure. The circuit court adjudicated petitioner as an abusive and neglectful parent after she stipulated that substance abuse prevented her from properly caring for the children, and it terminated her parental rights on April 28, 2022. An Ohio court declined to exercise jurisdiction in favor of West Virginia, and the West Virginia Supreme Court affirmed the circuit court's order.