In Re Joseph A. and Justin A.

Summary

The Supreme Court of Appeals of West Virginia affirmed the Circuit Court of Wood County's order denying Glen A. an improvement period and placing his two sons, Justin A. and Joey A., in DHHR custody for long-term foster care. The court held that clear and convincing evidence supported the abuse adjudication, resting on the father's infliction of a head injury on Joey, his refusal to obtain medical care, the children's access to pornographic videos, gunpowder in the home, and the family's long history of abuse and neglect. It held that compelling circumstances justified denying a second improvement period, that excluding the father during his son's testimony was not reversible error because his counsel was present and fully cross-examined the child, and that the permanency plan was adequate. The court also announced that expert testimony is not required to prove that children are harmed by exposure to pornography. No separate opinions were filed.