In re: J.G., II

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J.G. was born at 34 weeks’ gestation with drugs in his system. Noting mother’s prior involuntary termination of parental rights, the Department of Health and Human Resources (DHHR) filed an abuse and neglect petition. J.G. was placed in foster care with petitioners in February 2015 and remains there. J.G. requires medical monitoring and treatment. The birth parents canceled multiple visits, frequently fell asleep during visits, failed to return calls from DHHR, and had multiple positive drug screens. The circuit court granted a six-month improvement period. DHHR indicated that the improvement period was a failure. Subsequent psychological evaluations indicated little likelihood that the parents would improve. The court granted another six-month improvement period, during which the parents were evicted, had positive drug tests, and engaged in a physical altercation. The court granted two more six-month improvement periods. During an overnight visit, a CPS worker arrived at the parents’ home to pick up J.G and observed large amounts of blood. She found J.G., screaming and in a saturated diaper, on the bed beside his father, who was unresponsive. Mother “was high as a kite.” The guardian ad litem and DHHR requested termination. Despite observations that the infant was bonded with the foster family and that returning J.G., to the parents “could be traumatizing” and continuing positive drug screens, the court ordered transition of J.G., to the parents’ custody. The West Virginia Supreme Court of Appeals reversed. The circuit court failed to comply with the requirements of West Virginia Code 49-4-610 and the Rules of Procedure for Child Abuse and Neglect and abused its discretion in failing to terminate parental rights. View "In re: J.G., II" on Justia Law