In re S.J., A.J.-1, and A.J.-2

Summary

The Supreme Court of Appeals of West Virginia reviewed the termination of petitioner mother K.J.'s parental rights in a child abuse and neglect proceeding. The court held that the circuit court abused its discretion by denying a post-adjudicatory improvement period because the record showed that petitioner accepted responsibility, complied with services, and was likely to participate successfully. The court vacated the dispositional order as to petitioner, ordered an improvement period and reinstatement of supervised visitation, and remanded for further proceedings.

Holdings

1. The circuit court abused its discretion in denying petitioner a post-adjudicatory improvement period because the record demonstrated that she accepted responsibility for her actions, complied with every service offered, and was likely to fully participate in an improvement period.
2. The dispositional order terminating petitioner's parental rights was vacated as to petitioner, and the Court declined to address the termination issue at that time because the case had to be remanded for an improvement period and further proceedings.

Questions Presented

1. Whether the circuit court abused its discretion by denying petitioner a post-adjudicatory improvement period when the record showed that she accepted responsibility, complied with offered services, and was likely to participate fully.
2. Whether the termination of petitioner's parental rights should be addressed after the dispositional order was vacated.

Disposition

vacated