In Re: A.S.
16-0977
| W. Va. | Jun 19, 2017Background
- DHHR filed abuse and neglect petition in Oct 2015: petition alleged A.S.’s home was infested (roaches, fleas), filthy (trash, animal urine/feces), and the child had lice and insect bites; DHHR noted prior intervention for similar conditions.
- Petitioner (mother J.S.) stipulated at adjudication (Dec 2015) that the home was unsafe/uninhabitable and received a post-adjudicatory improvement period requiring employment and a safe, clean home.
- Improvement period was extended; by mid-2016 petitioner claimed employment and housing but could not verify employment, had no steady income, and housing remained in poor condition or she was homeless/staying with a boyfriend.
- Service providers and DHHR testified petitioner failed to secure employment or provide a safe, suitable home despite months of services; petitioner admitted she had no income.
- At disposition, the circuit court found minimal improvement over ten months, concluded there was no reasonable likelihood petitioner could substantially correct conditions, and terminated parental rights (both parents). Child placed in foster home with adoption as permanency plan.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a reasonable likelihood mother could substantially correct conditions of abuse/neglect in the near future | J.S. argued she complied with improvement-period terms and had obtained a job and residence, so conditions could be corrected | DHHR and guardian argued petitioner failed to follow the case plan: no verifiable employment, no stable/safe housing, and little improvement in home conditions after months of services | Court held there was no reasonable likelihood mother could substantially correct conditions and affirmed termination of parental rights |
Key Cases Cited
- In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996) (standard of review for circuit-court factual findings in abuse/neglect cases)
- In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (reiterating review standard for family-court factual findings)
- In re R.J.M., 164 W.Va. 496, 266 S.E.2d 114 (1980) (termination may be employed without lesser alternatives when no reasonable likelihood conditions can be corrected)
- In re Kristin Y., 227 W.Va. 558, 712 S.E.2d 55 (2011) (affirming statutory framework for termination where parent fails to follow case plan)