Background
West Virginia’s Department of Human Services filed an abuse-and-neglect petition in October 2024 alleging that E.M.-21 had abandoned and neglected her child, E.M.-1, by failing since 2023 to provide basic necessities. The child’s caregiver, M.C., had obtained legal guardianship in May 2024 after the mother failed to provide stable housing and care.
At adjudication, M.C. testified that the mother had not regularly provided financial support, food, or other necessities despite employment; was not involved in the child’s education or medical care; and had only sporadic contact before a no-contact order. The mother disputed abandonment, but admitted she had moved out of state after obtaining employment and suitable housing in West Virginia during the guardianship case. The circuit court found her testimony not credible, adjudicated her as an abusing and neglecting parent, and later terminated her parental rights.
The Court’s Holding
The Supreme Court of Appeals affirmed the July 8, 2025, dispositional order. It held that the circuit court had ample clear-and-convincing evidence to adjudicate the mother for neglect and abandonment.
The court rejected the mother’s argument that the child could not be neglected because M.C. provided proper care as guardian. A noncustodial parent may be adjudicated when that parent’s conduct meets the statutory definition of abuse or neglect. The evidence supported findings that the mother failed to provide support and basic necessities, disengaged from the child’s education and healthcare, maintained minimal contact, and demonstrated a settled purpose to forego parental responsibilities. The court declined to disturb the circuit court’s credibility finding and did not need to address whether the mother’s failure to appear in person at adjudication could independently support abandonment.
Key Takeaways
- A noncustodial parent may be adjudicated for neglect even when another guardian is adequately caring for the child.
- Failure to provide financial and emotional support, despite the ability to do so, can support findings of neglect and abandonment.
- Appellate courts will not ordinarily second-guess a circuit court’s witness-credibility determinations.
Why It Matters
The decision reinforces that a parent cannot avoid an abuse-and-neglect adjudication merely because a third party has stepped in to meet the child’s needs. The relevant inquiry remains whether the parent supplied necessary care and support and fulfilled parental responsibilities.