In re E.T. and C.T.

Summary

The Supreme Court of Appeals of West Virginia vacated an order terminating the mother’s parental rights because the circuit court failed to hold an adjudicatory hearing or adjudicate her as an abusing parent before proceeding to disposition. The case was remanded for an adjudicatory hearing and further proceedings under the West Virginia child abuse and neglect statutes and procedural rules.

Holdings

1. A circuit court may not proceed to disposition, including termination of parental rights, until it conducts the required adjudicatory hearing and determines whether the child is abused or neglected and whether the respondent is an abusing or neglecting parent.
2. The Court may review the circuit court's failure to conduct an adjudicatory hearing as plain error even though petitioner did not assign that error on appeal.

Questions Presented

1. Whether the circuit court could terminate petitioner's parental rights without first holding an adjudicatory hearing and adjudicating her as an abusing parent.
2. Whether the failure to conduct the required adjudicatory hearing constituted plain error warranting vacation of the dispositional order.
3. Whether the matter should be remanded for an adjudicatory hearing and further proceedings under the governing abuse-and-neglect statutes and rules.

Disposition

vacated