In re: J.S., J.S., and J.S.

Summary

The Supreme Court of Appeals of West Virginia affirmed orders adjudicating Carrie S. as having sexually abused two children and physically abused the oldest child, terminating her parental rights, denying post-termination visitation, and declining placement with the maternal aunt. The court held that the circuit court properly considered the parents’ silence regarding the sexual-abuse allegations and found no reasonable likelihood that the conditions of abuse and neglect could be corrected. It also concluded that visitation and placement with the aunt would not benefit the children based on the evidence presented.

Holdings

1. The circuit court did not err in finding that the mother sexually abused or failed to protect the older children and physically abused the oldest child.
2. The circuit court properly terminated the mother's parental rights because there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future.
3. The mother was not entitled to post-termination visitation or continued contact because she failed to demonstrate that visitation would benefit the children.
4. The circuit court properly refused to place the children in the maternal aunt's home.

Questions Presented

1. Whether the circuit court clearly erred in finding that the mother sexually and emotionally abused the older children and physically abused the oldest child.
2. Whether the circuit court properly relied on the abuse and neglect findings to terminate the mother's parental rights.
3. Whether the circuit court erred in denying the mother's request for post-termination visitation and continued contact.
4. Whether the circuit court erred in refusing to place the children in the home of their maternal aunt.

Disposition

affirmed