West Virginia Supreme Court

In Re Edward B., John David F., David Dewane F., George Franklin F., and Benny Jay J.

November 8, 2001210 W. Va. 621

Summary

The court reversed and remanded a child abuse and neglect disposition because the circuit court failed to make the specific factual and statutory findings required to terminate the mother's parental rights to Benny and transfer custody of the other children. The circuit court also substantially disregarded mandatory procedures governing case plans, multidisciplinary treatment teams, improvement-period consideration, permanency review, and dispositional orders. On remand, the circuit court was directed to develop an appropriate case plan, reconsider an improvement period, conduct a full dispositional hearing, and complete the required permanency proceedings.