1. In the Matter of Kiera Sierra M., No. 011323 (filed 6/28/01)
Mother seeks reversal of Judge Reed’s Order terminating her parental rights to her 7th child, Kiera M. Mother alleges that (1) the trial court erred in not granting Sabrina an improvement period; and (2) the trial court’s finding that "there is no reasonable likelihood that the conditions of neglect that led to the filing of the petition can be substantially corrected in the near future;. . . that continuation in the home is not in the best interests of the children; and that reunification is not in the best interest of the child" is not supported by clear and convincing evidence.

Refuse 5 - 0

 

2. In the Matter of Austin S., No. 011430 (filed 7/11/01)
Mother, Tyra K., appeals the termination of her parental rights to her son, Austin S. Mother alleges the following assignments of error by the circuit court: (1) It was prejudicial and reversible error and an abuse of the circuit court’s discretion to terminate Tyra’s parental rights to Austin S.; (2) It was prejudicial and reversible error for the circuit court to deny Tyra an improvement period; (3) It was prejudicial and reversible error for the circuit court to fail to enter the adjudication order within 10 days of the conclusion of the adjudication hearing; (4) It was prejudicial and reversible error for the circuit court to fail to enter the disposition order within 10 days of the conclusion of the disposition hearing.

Refuse 5 - 0

 

 

3. In the Matter of Austin S., No. 011971 (filed 9/17/01)
Father, Bobby S., appeals the termination of his parental rights to his son, Austin S., and asserts the following assignments of error: (1) The circuit court committed reversible error in denying petitioner’s motion in limine and permitting the state to introduce evidence that was not admissible or relevant to the instant abuse and neglect proceeding; (2) The circuit court committed reversible error in finding that Austin S. was an abused and/or neglected child, and further committed error in terminating petitioner’s parental rights to his son, Austin S.; (3) The circuit court committed reversible error in denying petitioner’s motion for an improvement period.

Refuse 5 - 0

 

4. In the Matter of Ronald E., Christopher E., Stephanie M. and James M., No. 011433 (filed 7/11/01)
Susie Y., Petitioner and maternal grandmother, seeks reversal of Judge Thornsbury’s Order denying her petition for custody of the children. Susie Y. asserts that (1) the circuit court erred in finding that Susie Y. has a serious health problem; and (2) the circuit court erred in denying Susie Y.’s petition for custody.

Refuse 5 - 0

 

5. In the Matter of Brody E., No. 011469 (filed 7/12/01)
Mother appeals the termination of her parental rights to her son Brody E. and daughter, Kristen E. Mother asserts the following assignments of error: (1) The circuit court erred in finding that petitioner was guilty of abusing her children; (2) the circuit court erred in terminating her parental rights; (3) the circuit court erred in denying the children visitation with mother in its final disposition of the case.

Refuse 5 - 0

 

 

6. In the Matter of Amber S. and Amanda P., No. 011731 (filed 8/14/01)
Father, Danny Joe P., appeals the termination of his parental rights to Amanda P. and to Amber S. Father asserts the following assignments of error: (1) the trial court erred in terminating Danny P.’s parental rights when no grounds for terminating such rights existed at the time of filing the petition; (2) the trial court erred by terminating Danny P.’s parental rights without first ordering an out of home improvement period; (3) the trial court erred in holding an in-camera hearing with the children because the hearing was not held pursuant to Rule 8(b) of the rules of procedure for child abuse and neglect.

Refuse 5 - 0

 

7. In the Matter of Amber S. and Amanda P., No. 011732 (filed 8/14/01)
Mother appeals the termination of her parental rights, and alleges the following assignments of error: (1) The Circuit Court of Nicholas County erred in terminating Melinda S.’s parental rights because the state did not prove the allegations of abuse and neglect by clear and convincing evidence; (2) The Circuit Court erred in finding that Melinda S. has habitually abused controlled substances to the extent that her parenting skills have been seriously impaired; (3) The Circuit Court erred in finding that Melinda S. did not respond or follow through with a reasonable family case plan or other rehabilitative efforts to the extent possible; (4) The Circuit Court erred in finding that Melinda S. has injured the children emotionally, and the degree of family stress and potential for further abuse and neglect are so great as to include the use of resources to medicate or resolve family problems in fulfilling her responsibilities to the children; (5) The Circuit Court erred in finding that Melinda S. has a mental illness, which is manifested by seizures and mood disorders of such durations as to render her incapable of exercising proper parenting skills; (6) The Circuit Court erred in finding that the continued residence of the children in the home and in the care of Melinda S. is contrary to the best interests of the children; (7) The Circuit Court of Nicholas County erred in terminating Melinda’s parental rights because the court did not allow the cross examination of the infant witnesses violating West Virginia Code §49-6-2(c).

Refuse 5 - 0

 

 

8. In the Matter of Amanda Jo. B., No. 011781 (filed 8/17/01)
This is an appeal by the mother, Shelly B. of the Order of the Marion County Circuit Court terminating her rights to Amanda Jo. B. Shelly B. asserts the following assignments of error: (1) the circuit court abused its discretion in terminating Shelly B.’s parental rights and (2) the circuit court abused its discretion when it denied Shelly B. an improvement period.

Refuse 5 - 0

 

 

9. In the Matter of: Matthew N. And Taylor N.. No. 011275
The Dept. appeals the circuit court order denying the Dept.’s motion for termination of the parental rights of the mother of Tammy N., age 3, and Matthew N., age 4. The Dept. alleges that the court erred in that the evidence presented and the findings of the court supported termination of the mother’s parental rights.

Refuse 4 - 1
(Davis, J.)

 

10. In the Matter of: Ashley B. No. 011427 (filed 7/16/01) Related to case Nos 011428 & 011429
The mother appeals the April 23, 2001 circuit court order that terminated her parental rights to Ashley B., age 18 months, and denied her post-termination visitation. The mother claims the court below erred in that the record does not support termination of her parental rights.

Refuse 5 - 0

 

 

11. In the Matter of: Ashley B. No. 011428 (filed 7/16/01) Related to case Nos 011427 & 011429
The Dept. appeals the related April 23, 2001 circuit court order that granted the parents visitation during the appeal period while reiterating that the denial of post-termination visitation was still in effect. The Dept. claims the court below erred by sua sponte ordering post-termination visitation for the parents during the appeal period, without a factual finding that such visitation is in the best interest of the child.

Refuse 5 - 0

 

 

12. In the Matter of: Ashley B. No. 011429 (filed 7/16/01) Related to case Nos 011427 & 011428
The father appeals the April 23, 2001 circuit court order that terminated his parental rights to Ashley B., age 18 months, and denied him post-termination visitation. The father claims that the court below erred in that the court’s decision to terminate his parental rights was clearly erroneous, in hearing his history of domestic violence and cross-dressing, and in failing to convert his pre-adjudicatory improvement period into a post-adjudicatory improvement period.

Refuse 5 - 0

 

13. In the Matter of: John W. And Christina W.. No. 011500 (filed 7/18/01)
Parents jointly appeal the circuit court order terminating their parental rights to John W., now age 6, and Christina W., now age 4, claiming that the circuit court erred in that the court failed to determine by clear and convincing evidence that the parents cannot adequately care for their children with intensive long-term assistance.

Refuse 5 - 0

 

 

14. In the Matter of: Chantal D. And Tamara D.. No.011577 (filed 7/23/01)
The mother appeals the circuit court order terminating her parental rights to Chantal D., age 10, and Tamara D., age 8. The mother claims that the circuit court erred in failing to grant the mother an improvement period.

Refuse 5 - 0

 

 

15. In the Matter of: Jeffrey K., Margaret K. & Tisha K. No. 011766 (8/25/01)
The mother appeals the order of the circuit court finding her guilty of contempt in the underlying abuse and neglect case. The court sentenced the mother to 10 days in jail, suspended. The mother claims that the court erred in that 1) the circuit court violated the mother’s constitutional right to trial by jury; 2) the Dept.’s motion for a Rule to show cause alleged insufficient facts; and 3) as a matter of law applied an incorrect burden of proof.

Refuse 3 - 2
(McGraw, C.J., Starcher, J.)

 

 

16. In the Matter of: Christopher B. No. 011782 (filed 8/24-01)
The father appeals the termination of his parental rights to Christopher B., claiming that the court below erred in that it abused its discretion because the father had demonstrated improvement and the court failed to adequately explore the reasons for the child’s change of heart toward his father, and in failing to grant the father a post-termination improvement period.

Refuse 5 - 0

 

 

17. In the Matter of: Caleb C., No. 011891 (filed 9/12/01)
The father appeals the circuit court order terminating his parental rights and permanently enjoining him from visiting with his child, claiming that the court below erred in that it was arbitrary and capricious in entering said order.

Refuse 5 - 0

 

 

18. Frank M. Oliverio v. George Trent, Warden, No. 010460 (filed 3/2/01)
Oliverio appeals the circuit court order denying his petition for a Writ of Habeas Corpus, claiming that the circuit court erred in that the charges below were multiplicitous, prejudicially misjoined, and that the prosecution committed prejudicial misconduct, the trial improperly stopped cross examination of the key prosecution witness, the evidence was insufficient to support the verdicts, the sentence imposed was disproportionate, and the defense counsel was ineffective in their assistance at trial and on appeal.

Refuse 5 - 0

 

 

19. In the Matter of Jessica F., No. 011471 (filed 7/13/01)
Mother appeals circuit court’s order terminating her parental rights to Jessica,1, asserting that the circuit court erred in not requiring WVDHHR to attempt to provide a suitable temporary or permanent placement of her daughter with family, friends, or relatives contrary to Rule 28 of the Rules of Procedure for Child Abuse and Neglect.

Refuse 5 - 0

 

20. In the Matter of Gregory H., No. 011501 (filed 7/17/01)
Mother appeals from circuit court’s order terminating her parental rights to Gregory H., 6, and Sara H., 4, asserting that the State of West Virginia failed to prove by clear and convincing evidence that there is no reasonable likelihood that conditions of neglect or abuse can be substantially corrected.

Refuse 5 - 0

 

21. In Re: Brandon C, Jonah D, and Jordan D, No. 011597 (filed 7/23/01)
Mother appeals the circuit court’s order denying her a post-adjudicatory improvement period and terminating her parental rights to Brandon, 7, and the twins, Jonah and Jordan, 2, asserting that 1) the circuit court erred by failing to take into consideration her improved home situation and 2) by failing to make the findings required by W.Va. Code § 49-6-5.

Refuse 5 - 0