In Re Michael Ray T.

525 S.E.2d 315, 206 W. Va. 434, 1999 W. Va. LEXIS 167
CourtWest Virginia Supreme Court
DecidedDecember 3, 1999
Docket26639
StatusPublished
Cited by50 cases

This text of 525 S.E.2d 315 (In Re Michael Ray T.) 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 Michael Ray T., 525 S.E.2d 315, 206 W. Va. 434, 1999 W. Va. LEXIS 167 (W. Va. 1999).

Opinion

DAVIS, Justice:

The appellants herein, and plaintiffs below, Paul and Virginia Williams [hereinafter collectively referred to as “the Williamses”], appeal from an order entered May 11, 1999, by the Circuit Court of Mercer County. By *437 that order, the court denied the Williamses’ motion to intervene in the abuse and neglect proceedings concerning their former foster children, Michael Ray T. 1 [hereinafter referred to as “Michael”], Scottie Lee T. [hereinafter referred to as “Scottie”], and Tonya Lynn T. [hereinafter referred to as “Tonya”]. The court further refused to consider the Williamses’ motion for custody, wherein they sought the return of these children to their care following the youngsters’ removal from their foster care by the West Virginia Department of Health and Human Resources [hereinafter referred to as “DHHR”]. Upon a review of the parties’ arguments, the appellate record, and the pertinent authorities, we conclude that the circuit court did not abuse its discretion by refusing the requested intervention. Therefore, we affirm the .decision of the Circuit Court of Mercer County.

I.

FACTUAL AND PROCEDURAL HISTORY

The facts underlying the instant appeal are as follows. On April 8,1998, the DHHR filed a petition in the Circuit Court of Mercer County requesting the immediate and temporary transfer of custody of Michael, 2 Scottie, 3 and Tonya 4 to the DHHR as a result of the perceived imminent danger the children would face if they remained in the home of their biological parents, Frank T. and Lizzie T. The incidents leading to this petition centered around the life-threatening injuries sustained by then six-week-old Michael when he was- repeatedly and viciously attacked by rodents in his parents’ home on April 4,1998. Additionally, the DHHR remained concerned that Lizzie would again return to the family home with Michael’s siblings despite the persistence of the rodent infestation and warnings by DHHR officials that the home was not safe for children. The circuit court found that “[t]he danger presented by the ehild(ren)’s present circumstances creates an emergency situation which has made efforts to avoid removing the children) from the home unreasonable or impossible,” and transferred their temporary custody to the DHHR.

As a result of the critical injuries he sustained, Michael was hospitalized for an extended period of time at Women and Children’s Hospital, in Charleston, West Virginia. His siblings, Tonya and Scottie, were placed with a foster family 5 following their removal from their parents’ home. After Michael’s partial recovery and release from the hospital, he was placed into foster care with the Williamses 6 on April 16, 1998. Due to the severity of Michael’s injuries, Tonya and Scottie were not placed with the Williamses until July, 1998, when their younger brother had recovered further. 7 By order entered August 14,1998, the circuit court adjudicated the children to have been neglected by their biological parents. 8 On September 11, 1998, *438 the circuit court, during a dispositional hearing, granted Frank and Lizzie a six-month post-adjudicatory improvement period, and continued legal and physical custody of the children with the DHHR.

■ From the time of her placement into the Williamses’ home, Tonya exhibited various behavioral and disciplinary problems, believed to be the result of parentifieation. 9 Although Tonya and Scottie had been having regular supervised visitation with their biological parents since their removal in April, 1998, 10 following one such supervised visit on October 14, 1998, Tonya’s conduct worsened dramatically. 11 In an attempt to protect Scottie and Michael from their sister, Mrs. Williams requested respite care for Tonya. 12 Around the same time, Tonya confided in her foster parents that, during the recent supervised visit, she had been sexually abused by her biological mother. The Williamses reported this incident to the Child Protective Services [hereinafter referred to as “CPS”] caseworker who formerly had handled the children’s case. 13 Nevertheless, Mr. and Mrs. Williams received the impression that the allegation would not be investigated and that no further action would be taken with regard thereto, due in large part to Tonya’s failure to cooperate with DHHR officials by telling them her story.

Following this incident, Tonya’s weekly counseling sessions increased in number, and the guardian ad litem and the State jointly moved to temporarily suspend Tonya’s visits with Frank and Lizzie. By order entered December 15, 1998, the circuit court suspended, for sixty days, supervised visitation between Tonya and her biological parents. 14 In late December, 1998, the Williamses again requested respite care for Tonya because of her continued defiance of family rules. Upon Tonya’s return to the Williamses’ home, her demeanor improved.

Thereafter, the DHHR alleges that, as a result of their continuing difficulties with Tonya, the Williamses were admonished and instructed as to acceptable forms of discipline during a multidisciplinary treatment team *439 [hereinafter referred to as “MDT”] meeting on January 12, 1999. Because of the persistent “power struggle” between Tonya and Mrs. Williams, arising from Tonya’s defiance and attempt to obtain and retain control, and concerns that the Williamses had inappropriately and negatively discussed Frank and Lizzie in the child’s presence, the team also discussed the possibility of removing the children from the Williamses’ care. 15 By letter to Mr. and Mrs. Williams dated January 21, 1999, the CPS worker assigned to the children’s case reiterated the tenor of the MDT meeting:

The team members agreed that corrections needed to be made in your approach to dealing with Tonya and that if these corrections can not be made a team meeting will be held to discuss the removal of the T[J children....
The Department [DHHR] looks forward to maintaining these children in your home as long as it is in the best interest of the children.

(Emphasis added).

In.February, 1999, the circuit court ordered the gradual resumption of visits between Tonya and her biological parents. On March 26, 1999, the circuit court ordered the extension of the biological parents’ improvement period to coincide with the expiration of their period of probation 16 in October, 2002.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Paul E. Forshey v. Theodore A. Jackson, M.D.
West Virginia Supreme Court, 2024
Richard Heath v. Alliance Coal LLC
Int. Ct. of App. of W.Va., 2022
In re M.J., N.K., A.K., and B.K.
West Virginia Supreme Court, 2022
In re H.W.
West Virginia Supreme Court, 2022
Jeffrey N. Evans/Ameriprise Financial Services v. Debra K. Bayles
787 S.E.2d 540 (West Virginia Supreme Court, 2016)
In Re: S v. and H.V.
West Virginia Supreme Court, 2015
Charmain T. Willis v. Lori Nohe, Warden
West Virginia Supreme Court, 2015
Denver Boyce Jr. v. Dennis Dingus, Warden
West Virginia Supreme Court, 2014
In Re F.S. and Z.S.
759 S.E.2d 769 (West Virginia Supreme Court, 2014)
Argabright v. Argabright
727 S.E.2d 748 (Supreme Court of South Carolina, 2012)
Miller v. Toler
729 S.E.2d 137 (West Virginia Supreme Court, 2012)
Youngblood v. SCDSS
Court of Appeals of South Carolina, 2012
State v. Surber
723 S.E.2d 851 (West Virginia Supreme Court, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
525 S.E.2d 315, 206 W. Va. 434, 1999 W. Va. LEXIS 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-michael-ray-t-wva-1999.