In Re Tiffany P.

600 S.E.2d 334, 215 W. Va. 622
CourtWest Virginia Supreme Court
DecidedJune 25, 2004
Docket31608
StatusPublished
Cited by3 cases

This text of 600 S.E.2d 334 (In Re Tiffany P.) 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 Tiffany P., 600 S.E.2d 334, 215 W. Va. 622 (W. Va. 2004).

Opinions

PER CURIAM:

This case is before this Court upon appeal of a final order of the Circuit Court of Mingo County entered on March 24, 2003. Pursuant to that order, the circuit court terminated the parental rights of the appellant, Bobby F., to his children, Alexandria F. and Cheyenne F. In this appeal, the appellant contends that the evidence did not support termination of his parental rights. He further contends that, at a minimum, the circuit court erred by denying him post-termination visitation with his children.

This Court has before it the petition for appeal, the entire record, and the briefs and argument of counsel. For the reasons set forth below, the final order is reversed, and this case is remanded to the circuit court for [624]*624further proceedings consistent with this opinion.

I.

FACTS

On February 21, 2002, the West Virginia Department of Health and Human Resources (hereinafter “DHHR”) sought and obtained emergency custody of Tiffany P., born December 30, 1986; Robby P., born September 13, 1988; Alexandria F., born April 28, 1997; and Cheyenne F., born February 5, 2000. The children were residing with Bobby F. and Christine P. who are the biological parents of Alexandria F. and Cheyenne F.1 Tiffany P. and Robby P. are Christine P.’s children from prior relationships.2

The DHHR had previously provided services to this family in connection with an abuse and neglect proceeding involving one of Bobby F.’s other children, Austin S. Bobby F. intervened in that proceeding and was granted physical custody of Austin S. and Austin’s half-sister, Christina S.,3 on July 30, 2001.4 . At that time, Bobby F. was residing with Christine P. and the children who are the subject of this abuse and neglect proceeding. The DHHR became concerned after a social worker reported finding bruises and bite marks on Austin S. and Christina S. during a home visit. Follow-up visits caused further concern as the house was in poor physical condition, and Alexandria F. and Cheyenne F. appeared dirty and unkempt.

On October 7, 2001, Christine P. phoned the abuse and neglect hotline and reported that Bobby F. had “taken off’ two days ago and had not told her when he would be back. Christine P. said she believed that Bobby F. had quit taking his medication which had been prescribed to treat his diagnosis of paranoid schizophrenia. She was concerned because she had no parental or guardianship rights regarding Austin S. and Christina S., and therefore, could not sign any medical forms if the children needed treatment. As a result of this phone call, Austin S. and Christina S. were removed from the home. Subsequently, Bobby F.’s parental rights to Austin S. were terminated in a separate abuse and neglect proceeding.

The DHHR continued to provide services to the family, and on November 5, 2001, a social worker made another home visit. Bobby F. was at the home visiting the children. The social worker reported finding bruises on both Alexandria F. and Cheyenne F. The family said that a dog had bit Alexandria F. and that Cheyenne F. had fallen on the steps. About the same time, Tiffany P. reported that Bobby F. had cut himself with a knife in front of them. Christine P. said that she believed that Bobby F. was still not taking his medication, and she agreed to keep him out of the home.

However, about a month later, Bobby F. went to the DHHR office and said he wanted to move back home with Christine P. and the children. He indicated that he was now taking his medication. Two weeks later, though, Christine P. reported that she and Bobby F. got into a fight in front of the children because he tried to take her food stamps. Christine P. had a bite mark on her wrist and a chipped tooth. She said there was a warrant for Bobby F.’s arrest for domestic battery. Christine P. was told that she could not allow Bobby F. to come near the children.

Finally, on February 7, 2002, the DHHR learned that both Bobby F. and Christine P. had been arrested. The record is not complete regarding the details of the arrests, but [625]*625it appears that Christine P. was driving a car with Tiffany P. and Bobby F. as passengers. A police officer saw Bobby F. and attempted to stop the ear because of the outstanding warrant for his arrest. However, Christine P. refused to pull over and a high speed chase ensued. Eventually, the ear was stopped and both Christine P. and Bobby F. were arrested. Shortly thereafter, the DHHR filed the emergency petition and removed the children from the home.

An adjudicatory hearing was held on September 18, 2002. During the hearing, the court was advised that Bobby F. had recently been arrested for petit larceny and giving false information. The arresting police officer reported that he found four generic pain pills in Bobby F.’s pocket when he served the arrest warrants. Bobby F. did not have a prescription for the medication. At the end of the hearing, the court found that the children were abused and neglected. However, the children were returned to the physical custody of Christine P. The court further ordered that Bobby F.’s supervised visitation should continue.

On October 21, 2001, the court conducted the disposition hearing. The DHHR did not recommend termination of the parental rights of any of the parents involved in this case. Instead, the DHHR indicated that the children should remain in Christine P.’s custody. However, the DHHR continued to express concern regarding Bobby F.’s behavior, and thus, recommended that he only be permitted to have supervised visitation with the children. Thereafter, the court entered the final order on March 24, 2003. Christine P. was granted legal and physical custody of the children, and Bobby F.’s parental rights were terminated. Bobby F. was not granted post-termination visitation with his children. This appeal followed.

II.

STANDARD OF REVIEW

As set forth above, Bobby F. appeals the termination of his parental rights and the denial of post-termination visitation with his children. This Court recently explained in In re Emily, 208 W.Va. 325, 332, 540 S.E.2d 542, 549 (2000) that, “For appeals resulting from abuse and neglect proceedings, such as the case sub judice, we employ a compound standard of review: conclusions of law are subject to a de novo review, while findings of fact are weighed against a clearly erroneous standard.” Also, in Syllabus Point 1 of In the Interest of: Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996), this Court held that:

Although conclusions of law reached by a circuit court are subject to de novo review, when an action, such as an abuse and neglect case, is tried upon the facts without a jury, the circuit court shall make a determination based upon the evidence and shall make findings of fact and conclusions of law as to whether such child is abused or neglected. These findings shall not be set aside by a reviewing court unless clearly erroneous. A finding is clearly erroneous when, although there is evidence to support the finding, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.

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Related

In re the Dependency of T.C.C.B.
138 Wash. App. 791 (Court of Appeals of Washington, 2007)
In Re Dependency of TCCB
158 P.3d 1251 (Court of Appeals of Washington, 2007)
In Re Tiffany P.
600 S.E.2d 334 (West Virginia Supreme Court, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
600 S.E.2d 334, 215 W. Va. 622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tiffany-p-wva-2004.