In re M.J.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of petitioner mother S.C.’s parental rights to M.J. The Court held that the circuit court properly allowed the mother to present evidence concerning whether she had remedied the circumstances underlying the prior involuntary termination of her parental rights, and that the current proceeding was not based solely on the prior termination.

Holdings

1. The circuit court did not err because it allowed petitioner to present evidence concerning the prior involuntary termination and the steps she claimed to have taken to remedy the prior conditions before terminating her parental rights.
2. The circuit court's findings and termination order were not clearly erroneous, and the court affirmed the December 23, 2014, order.

Questions Presented

1. Whether the circuit court improperly denied petitioner the opportunity to present evidence that she had remedied the circumstances leading to the prior involuntary termination of her parental rights.
2. Whether the circuit court properly terminated petitioner's parental rights when the current abuse and neglect petition was based not solely on the prior termination, but also on alleged current conduct and circumstances.

Disposition

affirmed