In re A.P. (Signed Opinion)
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The Supreme Court reversed the circuit court's termination of Mother's parental rights to her infant child, who died during the pendency of these abuse and neglect proceedings, holding that W. Va. Code 49-4-604(c)(6) does not permit termination of parental rights following the death of the child who is the subject of the underlying abuse and neglect petition.
Mother entered a voluntary stipulation of adjudication admitting that she neglected the infant by subjecting it to drug abuse and/or a drug-endangered environment and by using and abusing alcohol and drugs. The infant subsequently died. Mother moved to dismiss the petition against her. The circuit court denied the motion and later terminated Mother's parental rights to the child. The Supreme Court reversed, holding that the death of the only child named in an abuse and neglect petition requires its post-adjudicatory dismissal.
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