In Re Brandon Lee B.

567 S.E.2d 597, 211 W. Va. 587
CourtWest Virginia Supreme Court
DecidedDecember 11, 2001
Docket29701
StatusPublished
Cited by15 cases

This text of 567 S.E.2d 597 (In Re Brandon Lee B.) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Brandon Lee B., 567 S.E.2d 597, 211 W. Va. 587 (W. Va. 2001).

Opinions

PER CURIAM.

This is an appeal by the West Virginia Department of Health and Human Resources from an order of the Circuit Court of McDowell County dismissing a child abuse and neglect action and directing that Brandon Lee B., the infant named in the petition, be returned to his mother. On appeal, the Department of Health and Human Resources argues that the evidence in the case is clear and convincing that Brandon Lee B.’s mother has neglected him, and is unfit to have custody of him, and that under the circumstances, the circuit court erred in dismissing the Department’s petition.

I.

FACTS

On October 22, 1999, the relator, Brandon Lee B., was born three months premature. At the time of birth, he weighed one pound, two ounces, and subsequent to his birth, he spent several months in intensive care at Women and Children’s Hospital in Charleston, West Virginia.

Brandon Lee B.’s mother, Cande Q.B., is from Fort Wayne, Indiana. Apparently, while living in a juvenile group home, she established a relationship with Brandon Lee B.’s putative father, Ahmed A., an Iraqi immigrant, and as soon as she turned 18, she moved into Ahmed A.’s home.

While in the home of Ahmed A., Carrie Lee B. became involved in a series of acts of physical violence, which included a domestic assault on Ahmed A. One of the instances resulted in Carrie Lee B. being charged with felony battery upon a police officer.

At length, Ahmed A. drove Carrie Q.B., who was then pregnant with Brandon Lee B., to McDowell County, West Virginia, where she hoped to live with her biological parents. Shortly after meeting her biological parents, Carrie Q.B. met Cecil Lee B., a McDowell County man who was a total stranger. The next day, she married him. The marriage was not successful, and Carrie Q.B. sought refuge at an abuse shelter near Welch, West Virginia.

It became apparent that Carrie Q.B. was going to give birth to Brandon Lee B. prematurely, and she was transferred to Women and Children’s Hospital at Charleston, West Virginia, where Brandon Lee B. was born on October 22, 1999. After Brandon Lee B.’s birth, Carrie Q.B. returned to McDowell County, and Brandon Lee B. remained in intensive care at Women and Children’s Hospital.

The evidence in the present case shows that for six weeks after Carrie Q.B. returned to McDowell Coünty, a social worker unsuccessfully begged her to return to Charleston to bond with Brandon Lee B. and to authorize various medical procedures for him.

At length, Carry Q.B. agreed to return to Charleston, and arrangements were made for her to live at the Ronald McDonald House in Charleston and be with the child. However, the day before she was to report to Charleston, she called an emergency communications center to report that warrants were pending against her in Indiana and arranged for her own arrest. She subsequently appeared in the Circuit Court of McDowell County and waived her right to contest extradition and returned to Indiana in custody.

After Carrie Q.B. failed to report to Charleston, the West Virginia Departhient of Health and Human Resources filed a child neglect and abandonment petition. After receiving the petition, the circuit court made a preliminary finding of neglect and abandonment and awarded temporary legal and physical custody of Brandon Lee B. to the Department of Health and Human Resources on December 29, 1999. The court continued [589]*589the proceedings for three months because Carrie Q.B. remained in jail. Subsequently, in March 2000, Carrie Q.B. entered guilty pleas to a felony charge of battery upon a police officer and the misdemeanor offense of domestic assault in Indiana, and she was placed on probation.

After Carrie Q.B. was placed on probation, her adoptive parents returned her to West Virginia, and on March 29, 2000, she visited Brandon Lee B. and his foster parents for an hour and a half. It appears that that visit was initiated by Carrie Q.B.’s parents. Carrie Q.B. did not again visit with Brandon Lee B. until she attended the adjudicatory hearing in the present proceeding on October 12, 2000.

On April 13, 2000, the Department of Health and Human Resources amended the child abuse and neglect petition and alleged that Carrie Q.B. was unfit to parent Brandon Lee B. safely, given his special needs. An adjudicatory healing was set on the petition for June 28, 2000. Carrie Q.B. failed to appear at that hearing, and her attorney advised the court that he had received no communication from her for a lengthy period of time and that she had provided him with no new address or telephone number. As a consequence, the adjudicatory hearing was continued to October 12, 2000.

On October 12, 2000, the West Virginia Department of Health and Human Resources presented evidence relating to the fitness of Carrie Q.B. to have custody of Brandon Lee B. Among other things, the evidence showed that Cande Q.B. had a history of mental illness, of fetal alcohol syndrome, of oppositional defiant disorder, of post-traiimatic stress disorder, of dissociative disorder, of bulimia, of dysthymia and of a borderline personality disorder. Carrie Q.B.’s adoptive mother testified that Cande Q.B. was unpredictable and that she engaged in risky and reckless behavior including running away from home, numerous suicide attempts and violent relationships with men. Carrie Q.B.’s adoptive mother also testified that she believed that Carrie Q.B. could not be trusted to take care of herself, and that she was certainly not fit to care for a child with Brandon Lee B.’s special needs.

Child Protective Services workers testified that Brandon Lee B. had engaged in a life or death struggle while in intensive care at Women and Children’s Hospital and that while he was engaged in that struggle, they had attempted without success to generate some interest in him from Carrie Q.B. Additionally, one of the workers testified that during her hour and a half visit with Brandon Lee B. on March 29, 2000, Carrie Q.B. had to be told how to hold Brandon Lee B., and further had to be told not to try to force him to accept pacifier when he did not want it. The social worker explained that Carrie Q.B. did not request another visit after the March 29, 2000, visit and in the next few months the worker could not maintain contact with her despite substantial efforts on his part.

Additional evidence adduced during the hearing included a negative home study of Brandon Lee B.’s birth father’s home and evidence that the father could not attend the hearing because the father needed surgery to close a knife wound.

At the conclusion of the hearing, the circuit court ordered the record held open for an additional 15 days to allow any party to supplement the record with additional evidence.

During the 15-day period, the Department of Health and Human Resources filed medical reports which indicated that Brandon Lee B. had a crucial need for committed caretakers who could follow prescribed physical therapy and a special feeding regime. Records were also filed describing Carrie Q.B.’s mental limitations and emotional problems.

At the end of the 15-day period, the circuit court ordered that the child abuse and neglect petition be dismissed. In the order dismissing the case, the court recognized that the evidence relating to Carrie Q.B.’s ability to parent Brandon Lee B. was generally negative.

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Cite This Page — Counsel Stack

Bluebook (online)
567 S.E.2d 597, 211 W. Va. 587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-brandon-lee-b-wva-2001.