STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS In re D.J. FILED No. 18-0741 (Roane County 17-JA-123) April 19, 2019 EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA MEMORANDUM DECISION Petitioner Father T.J., by counsel Marc A. Moore, appeals the Circuit Court of Roane County’s July 23, 2018, order terminating his parental rights to D.J.1 The West Virginia Department of Health and Human Resources (“DHHR”), by counsel S.L. Evans, filed a response in support of the circuit court’s order and a supplemental appendix. The guardian ad litem (“guardian”), Michael W. Asbury, Jr., filed a response on behalf of the child in support of the circuit court’s order. On appeal, petitioner argues that the circuit court erred in finding by clear and convincing evidence that he abused and neglected the child, denying his motion for a post- adjudicatory improvement period, and terminating his parental rights. This Court has considered the parties’ briefs and the record on appeal. The facts and legal arguments are adequately presented, and the decisional process would not be significantly aided by oral argument. Upon consideration of the standard of review, the briefs, and the record presented, the Court finds no substantial question of law and no prejudicial error. For these reasons, a memorandum decision affirming the circuit court’s order is appropriate under Rule 21 of the Rules of Appellate Procedure. In December of 2017, the DHHR filed a petition alleging petitioner was incarcerated in March of 2017 due to felony charges in Putnam County, West Virginia. The DHHR also alleged that the child’s parents and custodians failed to provide the child with necessary food, clothing, shelter, and supervision. According to the DHHR, petitioner was not involved in the child’s life and the child’s mother’s contact with the child was described as “sporadic” over the previous eighteen months. The mother was allegedly addicted to illegal substances. At the time the petition was filed, the child lived with the maternal grandparents. However, according to the DHHR, the grandparents abused illegal substances and the home was in a deplorable condition 1 Consistent with our long-standing practice in cases with sensitive facts, we use initials where necessary to protect the identities of those involved in this case. See In re K.H., 235 W. Va. 254, 773 S.E.2d 20 (2015); Melinda H. v. William R. II, 230 W. Va. 731, 742 S.E.2d 419 (2013); State v. Brandon B., 218 W. Va. 324, 624 S.E.2d 761 (2005); State v. Edward Charles L., 183 W. Va. 641, 398 S.E.2d 123 (1990). 1 rendering it unsuitable for the child. The DHHR further alleged that the child suffered emotional trauma and medical neglect while residing in the grandparents’ home. On April 23, 2018, the circuit court held an adjudicatory hearing. The DHHR called petitioner as a witness and he testified that he was incarcerated at Salem Correctional Center after being charged with the possession of a stolen vehicle. He also testified that he was charged with another crime in Kanawha County, West Virginia, ...
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