State ex rel. C.H. v. Honorable Laura V. Faircloth

The Supreme Court granted the writ of prohibition sought by Foster Parents and remanded this case with directions to the circuit court to vacate its order granting Biological Parents post-dispositional improvement periods in excess of statutory time limitations, to grant Foster Parents’ motion to intervene, and to schedule this matter for disposition.After eight weeks in the Neonatal Intensive Care Unit, J.L. was placed into foster care with Foster Parents. Biological Parents admitted to abuse and neglect, and a post-adjudicatory improvement period was ordered for each. Foster Parents moved to intervene, but the circuit court denied the motion. Upon the request of the guardian ad litem to revoke Biological Parents’ improvement periods, the circuit court awarded a six-month post-dispositional improvement period to Biological Parents. The Supreme Court granted Foster Parents’ requested writ of prohibition, holding (1) Foster Parents were absolutely entitled to participate in all court proceedings by virtue of W. Va. 49-4-601(h); (2) foster parents are entitled to intervention as a matter of right when the time limitations contained in W. Va. Code 49-4-605(b) and/or 49-4-610(b) are implicated; and (3) upon issuance of the writ, the circuit court is directed to schedule this matter for disposition at its earliest opportunity. View "State ex rel. C.H. v. Honorable Laura V. Faircloth" on Justia Law