West Virginia's highest court did not have kind words for Child Protective Services in a decision handed down on September 6, 2016.
In a split three to two decision, the Court reversed the Webster County Circuit Court's finding that the father in the case was an abusive parent merely because he admitted to marijuana use. The Court could not find clear and convincing evidence that the father was addicted to marijuana or that his use of marijuana affected his ability to care for his child. The Court said: "While illegal, the Court does not find that petitioner’s occasional marijuana use, in and of itself, constitutes a harm or threat of harm to the child, especially in light of the specific circumstances of this case." In this case, the father did not use marijuana around the child (who was in the mother's primary custody) and the father presented a clean drug screen two weeks after the case was filed against the mother.
During the case before the Circuit Court, the Circuit Judge found that a CPS worker executed a verified petition that contained false information and that this was at least the second time that worker had done so (it is believed this worker is no longer employed with the WV DHHR). The Judge also held the WV DHHR in contempt for not establishing visitations as previously ordered.
The three justices in the majority opinion stated they were troubled by the inadequate investigation by CPS in this case. Even the two justices in the minority opinion were not happy. Those two justices said that "this case should be remanded to the circuit court with directions for the DHHR to file an amended abuse and neglect petition and for the holding of an adjudicatory hearing to address all of the dangers faced by this child."
The full text of the Court's opinion can be found at this link:
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