Summary
The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner mother C.M.'s parental rights to A.M. and M.M. The court held that the circuit court did not abuse its discretion in denying an improvement period because petitioner failed to acknowledge the abuse and neglect issues, and that sufficient evidence supported the finding that the conditions could not be substantially corrected. The court also declined to consider certain arguments that were waived below or asserted on behalf of a third party.
Holdings
- The circuit court did not abuse its discretion in denying C.M.'s motion for an improvement period because she failed to demonstrate that she was likely to comply with its terms and continued to deny or minimize the abuse and neglect allegations.
- Termination of C.M.'s parental rights was proper because the circuit court had sufficient evidence to find that there was no reasonable likelihood that the conditions of abuse or neglect could be substantially corrected in the near future and that termination was necessary for the children's welfare and best interests.
- C.M. lacked standing to assert the rights of the children's maternal grandmother and the court properly declined to address that assignment of error.
- C.M.'s challenges to admission of the DHHR reports, cross-examination of the report authors, and her opportunity to testify were waived because she failed to timely object or assert those rights in the circuit court.
Questions Presented
- Whether the circuit court abused its discretion by denying C.M.'s motion for an improvement period.
- Whether the circuit court erred by terminating C.M.'s parental rights when less restrictive alternatives were allegedly available.
- Whether C.M. could assert on appeal the alleged failure to provide the children's maternal grandmother appointed counsel.
- Whether C.M. preserved challenges to the admission of DHHR reports, cross-examination of report authors, and her opportunity to testify at disposition.
Disposition
affirmed
Cases Cited (8)
- In re Cecil T., 228 W. Va. 89, 717 S.E.2d 873 (2011)(followed)
- In re Tonjia M., 212 W. Va. 443, 448, 573 S.E.2d 354, 359 (2002)(followed)
- In re Timber M., 231 W. Va. 44, 55, 743 S.E.2d 352, 363 (2013)(followed)
- In re R.J.M., 164 W. Va. 496, 266 S.E.2d 114 (1980)(followed)
- In re Kristin Y., 227 W. Va. 558, 712 S.E.2d 55 (2011)(followed)
- Kanawha Cnty. Pub. Library Bd. v. Bd. of Educ. of Kanawha Cnty., 231 W. Va. 386, 398, 745 S.E.2d 424, 436 (2013)(followed)
- In re Tiffany Marie S., 196 W. Va. 223, 234, 470 S.E.2d 177, 188 (1996)(followed)
- Noble v. W. Va. Dep't of Motor Vehicles, 223 W. Va. 818, 821, 679 S.E.2d 650, 653 (2009)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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