In re J.H. & L.H.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of a mother's parental rights to J.H. and L.H. The court rejected challenges concerning the family case plan, improvement-period terms, findings regarding ongoing neglect and the children's welfare, and consideration of the children's wishes. The court concluded that the record supported termination under West Virginia Code § 49-6-5(a)(6).

Holdings

1. The circuit court's failure to file the family case plan did not warrant reversal where the record showed that a plan had been developed, petitioner knew its terms, and she was aware of the logical steps required to address the neglect.
2. Termination was proper because the circuit court found that petitioner was unable to correct the ongoing neglect-related problems, and the evidence supported findings that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and that termination was necessary for the children's welfare.
3. The circuit court was required to consider the children's wishes but was not bound to follow them; the record showed that the court was aware that the children did not want petitioner's parental rights terminated.

Questions Presented

1. Whether the circuit court erred by terminating petitioner's parental rights when a family case plan allegedly was not filed and the terms of her improvement period allegedly were not set forth.
2. Whether termination was improper absent an express finding that the circumstances constituting neglect still existed or that termination was necessary for the children's welfare.
3. Whether the circuit court failed to consider the children's wishes before terminating petitioner's parental rights.
4. Whether termination was contrary to the children's best interests and public policy because it left them without a mother.

Disposition

affirmed