In re S.C.

Summary

The Supreme Court of Appeals of West Virginia reviewed the termination of a father's parental rights in an abuse and neglect proceeding involving a child who had been raised by her maternal great-grandparents. The court held that the statutory requirements for termination under West Virginia Code § 49-4-604(c)(6) were not met, while agreeing that the great-grandparents should retain custody. It reversed and remanded with directions to enter disposition under § 49-4-604(c)(5), appoint the great-grandparents as guardians, and address continued visitation between the father and child.

Holdings

1. A circuit court may terminate parental rights under West Virginia Code § 49-4-604(c)(6) only upon findings that there is no reasonable likelihood that the conditions of abuse or neglect can be substantially corrected in the near future and that termination is necessary for the welfare of the child. The circuit court erred because it made neither required finding in its disposition order, and the evidence did not support the first requirement in light of the father's remediation, successful improvement period, and positive relationship with the child.
2. The child's best interests required that she remain in the stable custodial placement with her maternal great-grandparents, and the great-grandparents should be appointed as her guardians under disposition 5.
3. A person who held custodial rights before initiation of abuse and neglect proceedings is a pre-petition custodian entitled to statutory procedural protections, and the DHHR should support preservation of the child's stable family unit while assisting an abusing parent with an improvement period.
4. The father's due process rights were not violated when he participated in the disposition hearing by video conference rather than appearing physically in the courtroom.
5. The circuit court acted within its authority when it questioned the DHHR's CPS witness about the basis for the agency's placement recommendation and the child's best interests.

Questions Presented

1. Whether the circuit court properly terminated the father's parental rights under West Virginia Code § 49-4-604(c)(6).
2. Whether the evidence established both statutory requirements for disposition 6: no reasonable likelihood that the conditions of abuse or neglect could be substantially corrected in the near future, and termination being necessary for the child's welfare.
3. Whether the circuit court violated the father's due process rights by requiring him to participate in the disposition hearing by video conference during the COVID-19 pandemic.
4. Whether the circuit court abused its discretion by questioning the DHHR's CPS witness before counsel and eliciting testimony concerning the child's best interests and the agency's placement recommendation.
5. What disposition was appropriate when the child should remain with her great-grandparents but the evidence did not support termination of the father's parental rights.

Disposition

reversed_and_remanded