In re S.C.

No. 12-1146 (W. Va. Mar. 12, 2013) (memorandum decision) · Supreme Court of Appeals of West Virginia · March 12, 2013 · No. 12-1146

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of the petitioner mother’s parental rights in an abuse and neglect proceeding. The Court held that the circuit court had sufficient evidence to find that the conditions of abuse and neglect could not be substantially corrected in the near future and that termination was necessary for the child’s welfare.

Holdings

  1. The circuit court did not clearly err in finding that there were no reasonable grounds to believe the conditions of abuse and neglect could be substantially corrected in the near future.
  2. Termination of Petitioner Mother's parental rights was proper because the circuit court found that the conditions of abuse and neglect could not be substantially corrected in the near future and that termination was necessary for the child's welfare.

Questions Presented

  1. Whether the circuit court clearly erred in finding that the conditions of abuse and neglect could not be substantially corrected in the near future.
  2. Whether the circuit court erred in terminating Petitioner Mother's parental rights based on those findings.

Disposition

affirmed

Cases Cited (2)

  • In Interest of Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (1996)(followed)
  • In re Cecil T., 228 W. Va. 89, 717 S.E.2d 873 (2011)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

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