In re J.N.

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of a mother's request for post-termination visitation after she voluntarily relinquished her parental rights to J.N. The court held that the record did not establish a close emotional bond or show that continued visitation would serve the child's best interests, particularly in light of the circumstances surrounding the death of another child in the home and the mother's conduct.

Holdings

1. A circuit court may permit post-termination visitation in an appropriate case only when the evidence shows that continued contact would not be detrimental to the child and would be in the child's best interests. The circuit court did not err in denying visitation because the record did not establish a sufficiently close emotional bond and the circumstances surrounding A.N.'s death and petitioner's failure to protect that child supported the finding that continued contact would not serve J.N.'s best interests.
2. The circuit court's findings that petitioner failed to protect A.N., failed to assist the investigation, and lied to a child protective services worker and the court were supported by the record and were not clearly erroneous.
3. The circuit court must continue to conduct permanent-placement review conferences and must find permanent placement within the applicable twelve-month period, absent extraordinary circumstances fully substantiated in the record.

Questions Presented

1. Whether the circuit court erred in denying petitioner post-termination visitation with J.N.
2. Whether the child's potential placement with the father and petitioner's asserted relationship with the father required post-termination visitation.

Disposition

affirmed