In re Ashton M. (Per Curiam Opinion)
Annotate this CaseAfter finding that Mother was an abusive and neglectful parent, the circuit court terminated Mother's parental rights to Child, a sixteen-year-old minor, despite the recommendation of the Department of Health and Human Resources (DHHR) that only Mother's custodial rights be terminated. The Supreme Court reversed, holding that the circuit court erred in terminating Mother's parental rights because it (1) failed to comply with the procedural requirements of Rule 34 of the rules of procedure for child abuse and neglect proceedings; and (2) failed to acquire and consider the wishes of Child as to the termination of Mother's parental rights, as required by W. Va. Code 49-6-5(a)(6).
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