In re V.R. and A.V.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of petitioner mother E.R.’s parental rights to V.R. and A.V. The court held that the children were properly adjudicated abused and neglected, that the delayed filing of the DHHR case plan did not warrant reversal, and that termination was supported by the evidence and was in the children’s best interests.

Holdings

1. A petition sufficiently alleged abuse of V.R. and A.V. because it alleged that petitioner physically abused their sibling while all three children resided in the home and were thereby at risk of abuse. The circuit court properly adjudicated petitioner as an abusing parent as to all three children.
2. The DHHR's failure to submit the family case plan at least five days before disposition did not require vacation of the dispositional order because petitioner was not prejudiced and the circuit court received and considered the case plan before entering the final order.
3. The circuit court acted within its discretion when it rejected petitioner's proposed voluntary relinquishment of parental rights and proceeded to an involuntary termination determination.
4. Termination of petitioner's parental rights was proper because the circuit court found no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and found termination necessary for the children's welfare.
5. The circuit court and DHHR were required to analyze and secure a permanent placement for the children consistent with the governing rules, including periodic placement review and completion of permanent placement within twelve months of the dispositional order absent extraordinary circumstances.

Questions Presented

1. Whether the circuit court properly adjudicated petitioner as an abusing parent as to V.R. and A.V. when the petition alleged physical abuse of their sibling and that the children lived in the home.
2. Whether the circuit court erred by proceeding to disposition despite the DHHR's failure to file a family case plan at least five days before the dispositional hearing.
3. Whether the circuit court abused its discretion by rejecting petitioner's proposed voluntary relinquishment of her parental rights and proceeding to an involuntary termination determination.
4. Whether the circuit court erred by terminating petitioner's parental rights rather than imposing a less restrictive disposition under West Virginia Code § 49-4-604(b)(5).
5. Whether the circuit court and DHHR were required to take additional steps to secure a legally compliant permanent placement for V.R. and A.V.

Disposition

affirmed