In re Rebecca K. C.

579 S.E.2d 718, 213 W. Va. 230, 2003 W. Va. LEXIS 20
CourtWest Virginia Supreme Court
DecidedMarch 24, 2003
DocketNo. 30599
StatusPublished
Cited by12 cases

This text of 579 S.E.2d 718 (In re Rebecca K. C.) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Rebecca K. C., 579 S.E.2d 718, 213 W. Va. 230, 2003 W. Va. LEXIS 20 (W. Va. 2003).

Opinion

PER CURIAM:

In the instant case, we uphold a decision by the Circuit Court of Ritchie County terminating a mother’s parental rights.

I.

The pertinent facts of the instant case can be presented fairly simply.

On June 30, 2001, the appellant, Susie Pearl K. C., gave birth to a female child, Rebecca K. C.1 On July 18, 2001, the appel-lee, the West Virginia Department of Health & Human Resources (“DHHR”) filed a petition seeking the termination of the appellant’s parental rights.2

W.Va.Code, 49-6-5b(a)(3)(1998) requires the DHHR to file such a petition (subject to certain exceptions) if there has been a prior involuntary termination of rights to another of a parent’s children. In the appellant’s case, as we detail further infra, her parental rights to three other children were terminated by court order in 2000.

After several hearings, the circuit court determined that Rebecca K.C. was neglected and/or abused; that there was no reasonable likelihood that the appellant, even with assistance, could correct the conditions that led to the finding of neglect and/or abuse; and specifically that granting an improvement period to see if those conditions could be corrected would be pointless. Consequently, on December 27, 2001, the court entered an order terminating the appellant’s parental rights with respect to Rebecca K. C.

The appellant appeals this order, arguing first that the circuit court erred in determining that the child was neglected or abused; and second, assuming arguendo that this determination was correct, that the court erred in determining not to grant the appellant an improvement period to attempt to correct the conditions that led to the finding of neglect and/or abuse.

Inasmuch as the evidence regarding both of these determinations was basically the same, we shall combine them for purposes of our discussion.

II.

We begin by briefly discussing the applicable standards of review for civil abuse and neglect proceedings. In Syllabus Point 1 of State ex rel. Virginia M. v. Virgil Eugene S. II, 197 W.Va. 456, 475 S.E.2d 548 (1996), this Court stated:

[233]*233Although conclusions of law reached by a circuit court are subject to de novo review, when an action, such as an abuse and neglect case, is tried upon the facts without a jury, the circuit court shall make a determination based upon the evidence and shall make findings of fact and conclusions of law as to whether such child is abused or neglected. These findings shall not be set aside by a reviewing court unless clearly erroneous. A finding is clearly erroneous when, although there is evidence to support thfe finding, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed. However, a reviewing court may not overturn a finding simply because it would have decided the case differently, and it must affirm a finding if the circuit court’s account of the evidence is plausible in light of the record viewed in its entirety. Syl. Pt. 1, In the Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996).

We further stated in State ex rel. Diva P. v. Kaufman, 200 W.Va. 555, 562, 490 S.E.2d 642, 649 (1997) that:

The above standard of review requires deference by this Court to the findings of a circuit court in a civil abuse and neglect proceeding. The critical nature of unre-viewable intangibles justify the deferential approach we accord findings by a circuit court.

In In re Emily & Amos B., 208 W.Va. 325, 540 S.E.2d 542 (2000), we recognized that “the circuit court is the better-equipped tribunal” to make the substantive determination regarding termination of parental rights. 208 W.Va. at 340, 540 S.E.2d at 557 (rejecting the contention that incarceration should automatically result in termination; holding that incarceration was a factor for the court to consider in exercising its discretion).

III.

As previously stated, the appellant’s (and her former husband’s) parental rights with respect to their three older children were involuntarily terminated by the Circuit Court of Ritchie County on September 14, 2000 — following the filing of a neglect and abuse petition in 1999. In this earlier case, severe adverse conditions for the children were found to exist; the appellant and her then-husband were granted an improvement period, and an extension of that period. However, they did not comply with a family plan that included assistance from social service agencies, and the court ultimately concluded that — even with available assistance— they could not adequately parent their children. The merits of this earlier finding are not challenged in the instant case.

The appellant was born in 1977; she is illiterate and mildly retarded. She has a history of alcohol abuse, unstable and abusive relationships, and sexual victimization. When the child at issue in the instant case was born, the appellant had ended her marriage to the father of her three other children, and she was living at her parents’ house.3 She did not obtain pre-natal medical care until the third trimester of her pregnancy.

The record from the previous neglect and abuse case demonstrated that the appellant has serious limitations in her judgment and her ability to parent, even with assistance.

The appellant testified in the instant case that she and her child intended to live with her parents. At first blush, this testimony might seem to argue that the circuit court should have viewed her ability to parent her fourth child, with their assistance, in a different light; and that the court should have afforded her an improvement period.

However, her living with her parents was in fact not a positive factor for the appellant, in terms of their supporting or enhancing her ability to adequately parent her child. The contrary is true. The children’s maternal grandparents were originally named as respondents in the earlier neglect and abuse proceedings. Many of the adverse conditions [234]*234in the previous ease occurred while-the appellant was living with her parents and away from her then-husband. Those conditions included unsanitary and dangerous surroundings and neglect of illnesses.

An in-depth psychological evaluation of the appellant and her parents that was prepared in the earlier case concluded that the appellant’s parents did not appreciate the deficiencies in the appellant’s parenting of her (previously terminated) children, and that her parents contributed to and enabled those deficiencies. The appellant’s mother, in her testimony before the circuit court in the instant case, disputed any need to make any changes or improvements in her or the appellant’s parenting. The psychological report in the earlier case stated that “[t]here appears to be a significant basis for concern about ongoing neglect and abuse should the appellant return to that setting (the appellant’s parents’ home).”4

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Cite This Page — Counsel Stack

Bluebook (online)
579 S.E.2d 718, 213 W. Va. 230, 2003 W. Va. LEXIS 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rebecca-k-c-wva-2003.