For Webster County parents involved in child abuse and neglect cases, the year 2013 is already beginning to look like a mirror image of what happened in 2012.
As previously reported by the Commentator, the West Virginia Supreme Court of Appeals decided 12 cases in 2012 involving parents in child abuse and neglect cases. In all but one of those 12 cases, the Supreme Court upheld the termination of the parents' rights, and almost all of the cases involved drug abuse by the parents.
It now looks like 2013 will not be any different.
On January 14, 2013, the Supreme Court upheld the termination of both a mother's and father's parental rights because of drug abuse. The case originally began after the parents gave birth to twins. These parents had two other children, who were in the custody of grandparents. The twins were born premature and were hospitalized. While they were hospitalized, the mother was found using prescription drugs illegally and was removed from the Ronald McDonald House where she was staying. The child abuse and neglect petition filed against the mother and father alleged that they had "a significant criminal and drug abuse history."
Both the mother and father made admissions to the child abuse and neglect petition and the Circuit Court based on those admissions declared them to be abusive and neglectful parents. While the case was pending, the mother tested positive for drugs and was incarcerated on a parole violation. The father was also incarcerated while the case was pending for parole violations. The Circuit Court terminated the parental rights of both the mother and father.
As to the mother, the Circuit Court found that she "had been addicted to drugs for at least the past fifteen years, that she had a significant criminal history based on her drug abuse, and that she had not participated in a drug rehabilitation program." As to the father, the Circuit Court found that "he was addicted to drugs for at least the past ten years, that he had a significant criminal history based on his drug abuse, and that he had not participated in a drug rehabilitation program."
The Supreme Court agreed with the Circuit Judge, stating that there was sufficient evidence for the Judge to find that there was "no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and that termination was necessary for the children’s welfare." The Supreme Court said that the Judge's decision was correct in light of the parents' incarceration, criminal history, and significant long term drug abuse.
For the full opinions of these new decisions discussed above, please click on the following links:
http://www.courtswv.gov/supreme-court/memo-decisions/spring2013/12-0881memo.pdfhttp://www.courtswv.gov/supreme-court/memo-decisions/spring2013/12-0868memo.pdf
For a review of the 12 cases decided in 2012, please click on this link:
http://webstercommentator.blogspot.com/2012/12/webster-county-child-abuse-and-neglect.html
It's about time that the children are considered in these cases. There are to many judges that turn these kind of perpetrators loose.
ReplyDelete