In re A.R.-1

• Decision Date: 31 August 2022
• Docket Number: 22-0083
• Parties: In re A.R.-1, A.R.-2, and E.R.
• Court: West Virginia Supreme Court

In re A.R.-1, A.R.-2, and E.R.

No. 22-0083

Supreme Court of Appeals of West Virginia

August 31, 2022

Lewis County 21-JA-46, 21-JA-47, and 21-JA-48

MEMORANDUM DECISION

Petitioner Father C.R., by counsel G. Phillip Davis, appeals the Circuit Court of Lewis County's January 12, 2022, order terminating his parental rights to A.R.-1, A.R.-2, and E.R.^[1] The West Virginia Department of Health and Human Resources ("DHHR"), by counsel Patrick Morrisey and Lee Niezgoda, filed a response in support of the circuit court's order. The guardian ad litem ("guardian"), Brian W. Bailey, filed a response on behalf of the children also in support of the circuit court's order. On appeal, petitioner argues that the circuit court erred in denying him a post-adjudicatory improvement period and in not allowing him to be physically present for the dispositional hearing.

This Court has considered the parties' briefs and the record on appeal. The facts and legal arguments are adequately presented, and the decisional process would not be significantly aided by oral argument. Upon consideration of the standard of review, the briefs, and the record presented, the Court finds no substantial question of law and no prejudicial error. For these reasons, a memorandum decision affirming the circuit court's order is appropriate under Rule 21 of the Rules of Appellate Procedure.

In April of 2021, the DHHR filed a child abuse and neglect petition against petitioner based upon domestic violence. Specifically, the DHHR alleged that petitioner jumped on the hood of a car in which the mother and the three children were seated. Petitioner had a large knife and began trying to stab the mother through the windshield of the car. The mother began driving the car and petitioner continued to try to stab her through the windshield and driver's window until she rounded a curve in the road, causing petitioner to fall off. Petitioner fled into the woods with the knife but was later arrested and charged with child abuse creating risk of injury. A Child Protective

1

Services ("CPS") worker spoke to the mother, who described the incident and further reported that petitioner's behavior had been extremely erratic in the weeks leading up to the incident.

At an adjudicatory hearing held in June of 2021, petitioner stipulated to abusing and neglecting the children. Specifically, petitioner admitted that he had been arrested and charged with child abuse creating a risk of injury and that he was currently incarcerated on that charge. Petitioner further admitted that he had anger issues and a substance abuse problem which adversely impacted his ability to properly parent the children. The circuit court accepted petitioner's stipulation and adjudicated him as an abusing parent.

Prior to the dispositional hearing, petitioner's counsel filed a motion requesting that petitioner be transported to the dispositional hearing from his place of incarceration, and the circuit court denied the motion based on the COVID-19 pandemic. In December of 2021, the circuit court held a dispositional hearing. Petitioner appeared via video conference from his place of incarceration, and his counsel objected to the circuit court's prior denial of his motion to transport petitioner to the hearing. The DHHR presented the testimony of a CPS worker, who testified that petitioner had not contacted...