In re A.S.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of petitioner mother E.E.’s parental rights to A.S. The court held that the evidence of drug use and accessible drug paraphernalia supported the abuse and neglect findings and that the proceedings satisfied due process. The court also upheld the denial of a post-adjudicatory improvement period because petitioner failed to demonstrate a substantial change in circumstances and reliable evidence of compliance.

Holdings

1. The circuit court did not violate petitioner's due process rights by considering her illegal drug use and addiction-related conduct. The petition alleged drug activity in the home and that drugs were accessible to the child, petitioner received notice and counsel, and the evidence was relevant to whether she failed to comply with rehabilitative services and whether the conditions of abuse and neglect could be corrected.
2. The circuit court did not abuse its discretion in denying petitioner's motion for a post-adjudicatory improvement period because she failed to prove a substantial change in circumstances since the initial improvement period and failed to demonstrate that she was likely to fully participate in another improvement period.
3. The circuit court's factual findings were not clearly erroneous, and its order terminating parental rights and denying an additional improvement period was affirmed.

Questions Presented

1. Whether terminating petitioner's parental rights based in part on drug addiction and drug use violated due process because the abuse and neglect petition did not specifically allege drug addiction or impairment of parenting ability.
2. Whether the circuit court erred in denying petitioner's motion for a post-adjudicatory improvement period.
3. Whether the circuit court properly considered and rejected petitioner's later negative drug-screen documents because they were unreliable and unauthenticated.

Disposition

affirmed