915 S.E.2d 520
W. Va.2025Background
- S.N.M. was alleged by the Department of Human Services (DHS) to have abused and neglected her three children, K.A., Jr., N.A., and J.B.; J.B. was already in the legal guardianship of her paternal grandmother at the time the petition was filed.
- The initial petition contained detailed allegations against S.N.M. concerning K.A., Jr. and N.A. but included only “generalized” allegations as to J.B.
- The circuit court originally terminated S.N.M.’s parental rights to all three children without ruling on her motion for a post-adjudicatory improvement period.
- On appeal, the Supreme Court of Appeals of West Virginia remanded the matter, instructing the circuit court to address jurisdiction specifically as to J.B. and S.N.M.’s improvement period request.
- On remand, the circuit court again terminated parental rights and denied an improvement period, prompting a second appeal by S.N.M.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of post-adjudicatory improvement period | Should have been granted to allow S.N.M. to correct issues and reunify with K.A., Jr. and N.A. | S.N.M. failed to show she was likely to fully participate or benefit from it | Circuit court did not abuse discretion in denial; affirmed for K.A., Jr. and N.A. |
| Subject-matter jurisdiction as to J.B. | Circuit court lacked jurisdiction to terminate rights as to J.B. (not shown to be abused/neglected at petition date) | Asserted jurisdiction, but later conceded error in brief | Circuit court lacked subject-matter jurisdiction; reversed and remanded to dismiss as to J.B. |
| Termination of rights as to J.B. | Less restrictive alternatives should have been considered | No adequate proof of abuse/neglect specific to J.B. argued | Not reached; court dismissed for lack of jurisdiction |
| Sufficiency of findings by circuit court | Circuit court failed to make specific findings regarding J.B. | Findings were amended but still not adequately supported | Findings insufficient to support jurisdiction for J.B. |
Key Cases Cited
- In re C.S., 247 W. Va. 212, 875 S.E.2d 350 (W. Va. 2022) (court must find that a child was abused or neglected at the time of petition to have jurisdiction)
- In re B.V., 248 W. Va. 29, 886 S.E.2d 364 (W. Va. 2023) (generalized findings across multiple children do not confer jurisdiction; must be individualized)
- Hinkle v. Bauer Lumber & Home Bldg. Ctr., Inc., 158 W. Va. 492, 211 S.E.2d 705 (W. Va. 1975) (if no subject-matter jurisdiction, case must be dismissed)