In re B.F., M.H., and B.R.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner mother K.R.’s parental rights to three children. The court held that the circuit court made sufficient findings, properly determined that the conditions of abuse and neglect were unlikely to be substantially corrected, and appropriately terminated parental rights despite the children’s placements with family members. The court also upheld the denial of post-termination visitation because the record showed sporadic contact, continued substance-abuse issues, and no evidence that visitation would serve the children’s best interests.

Holdings

1. The circuit court's dispositional order contained sufficient findings of fact and conclusions of law because the court made adequate findings on the record and in the written order regarding petitioner's lack of measurable improvement and the statutory requirements for termination.
2. The circuit court did not err in terminating petitioner's parental rights because there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and termination was necessary for the children's welfare.
3. The circuit court did not abuse its discretion in denying post-termination visitation because petitioner failed to present evidence of a close emotional bond with the children, her contact during the proceedings was sporadic, and her continued substance-abuse problems and noncompliance demonstrated that visitation was contrary to the children's best interests.

Questions Presented

1. Whether the circuit court's dispositional order contained sufficient findings of fact and conclusions of law for appellate review.
2. Whether the circuit court erred in terminating petitioner's parental rights despite the children's placements or permanency with family members.
3. Whether the circuit court erred in denying petitioner's request for post-termination visitation.

Disposition

affirmed