In re E.H., J.S., E.K., and C.K.

Summary

The Supreme Court of Appeals of West Virginia vacated and remanded a dispositional order terminating a father’s parental rights because the order lacked sufficient findings of fact and conclusions of law required to support termination under West Virginia Code § 49-4-604(c)(6) and Rule 36(a) of the West Virginia Rules of Procedure for Child Abuse and Neglect Proceedings. The Court directed the circuit court to conduct any necessary further proceedings and enter an appropriate order addressing the statutory requirements, including sibling visitation.

Holdings

1. A dispositional order terminating parental rights under West Virginia Code § 49-4-604(c)(6) must contain factual findings and conclusions of law addressing both the absence of a reasonable likelihood that the conditions of abuse and neglect can be substantially corrected in the near future and the necessity of termination for the child's welfare.
2. When the disposition process established by the Rules of Procedure for Child Abuse and Neglect Proceedings and related statutes has been substantially disregarded or frustrated, the resulting dispositional order must be vacated and the case remanded for compliance with that process and entry of an appropriate order.
3. Challenges to findings and conclusions in a child abuse and neglect case are reviewed under a two-prong deferential standard: the final order and ultimate disposition for abuse of discretion, and underlying factual findings for clear error.

Questions Presented

1. Whether the circuit court's dispositional order adequately stated findings of fact and conclusions of law supporting termination of R.H.'s parental rights under West Virginia Code § 49-4-604(c)(6).
2. What standard of review applies to challenges to findings and conclusions in a child abuse and neglect dispositional order.
3. Whether the inadequate dispositional order required vacation and remand for compliance with the governing statute and procedural rule.

Disposition

reversed_and_remanded