Background
After police found messages in which H.J. asked an acquaintance later arrested on drug charges for “a 20,” the Department of Human Services filed an abuse-and-neglect petition. H.J. admitted occasional marijuana use but testified she did not use around the children; multiple drug screens were negative. DHS did not investigate the children’s home, daycare, or medical care before filing the petition.
The circuit court found imminent danger, later adjudicated H.J. as a neglectful parent, and terminated her custodial rights. In adjudicating her, the court drew an adverse inference from H.J.’s objection to a proposed hair-follicle test that the court had never ordered, concluding that she had been seeking and using a more serious controlled substance than marijuana.
The Court’s Holding
The Supreme Court of Appeals reversed the adjudicatory and dispositional orders and remanded for dismissal of the petition. The circuit court abused its discretion by treating H.J.’s procedural objection to a requested hair-follicle test as affirmative evidence of drug use. H.J. had testified, responded to the allegations, and submitted to numerous negative drug screens; the adverse-inference rule did not apply.
The court also held that the record lacked clear and convincing evidence of statutory neglect. Even apart from the improper inference, there was no evidence that H.J. refused, failed, or was unable to provide necessary food, clothing, shelter, supervision, medical care, or education when the petition was filed. A valid adjudication was required before the court could proceed to disposition and terminate custodial rights.
Key Takeaways
- A parent’s objection to a motion cannot be treated as evidence of culpability.
- Neglect requires proof tied to the statutory definition, not generalized concern about substance use or prior cases.
- Without a proper abuse-or-neglect adjudication, a court cannot proceed to terminate parental or custodial rights.
Why It Matters
The decision reinforces that abuse-and-neglect proceedings remain constrained by due process and the statutory elements of neglect. Courts may not infer present neglect solely from prior substance-abuse history, ambiguous communications, or a parent’s use of procedural rights.
On remand, the circuit court must dismiss the petition, fashion reunification terms with the multidisciplinary treatment team, and promptly establish an appropriate parenting plan for K.J.