## Facts

- Micah Alyn R. was an HIV-positive child placed in foster care when his mother, Ada R., who had AIDS, became seriously ill.
- The state child welfare agency filed proceedings in circuit court; Micah’s father’s parental rights were terminated and were not at issue on appeal.
- Ada initially supported adoption but later sought reunification and opposed termination of her own parental rights.
- At an early hearing, evidence showed Ada had at times been physically abusive and had inconsistently administered Micah’s medication; other evidence showed some improvement and a desire to regain custody.
- The circuit court deferred a termination decision pending the guardian ad litem’s recommendation; the guardian recommended delaying termination and allowing liberal visitation.
- Ada’s health later deteriorated, and the agency concluded she could not reliably manage Micah’s medications or provide consistent care.
- The circuit court adjudicated Micah abused and neglected, found no reasonable likelihood the conditions could be substantially corrected, terminated Ada’s parental rights, and allowed visitation.
- Ada appealed, challenging both the abuse/neglect adjudication and the termination disposition.

## Issues

1. Whether the circuit court clearly erred in adjudicating Micah an abused and neglected child based on the evidence of Ada’s conduct and caregiving.
2. Whether a circuit court may terminate parental rights, without the parent’s consent, when the parent’s inability to provide adequate care and resulting neglect primarily stem from the parent’s terminal illness, even if the neglect conditions are unlikely to be corrected.

## Decision

- The court affirmed the abuse and neglect adjudication, concluding the circuit court’s findings were not clearly erroneous under the governing standard of review.
- The court reversed the termination of Ada’s parental rights, holding that termination without consent is contrary to public policy when the parent’s inability to care is due to terminal illness.
- The case was remanded for further proceedings consistent with the public-policy rule, with the circuit court permitted to enter custody and related orders to protect the child.

## Legal Principles

- In abuse and neglect appeals following a bench trial, factual findings are reviewed for clear error; an appellate court does not reweigh evidence if the trial court’s account is plausible in light of the full record.
- When neglect occurs and is threatened to continue because a parent is unable to properly care for a child due to the parent’s terminal illness, termination of parental rights without the parent’s consent is contrary to public policy, even if there is no reasonable likelihood the neglect conditions will be substantially corrected.
- In terminal-illness circumstances, a circuit court should ordinarily postpone or defer a termination decision, while retaining authority to decide custody, visitation, and other dispositional matters necessary to safeguard the child.

## Conclusion

The court sustained the abuse/neglect adjudication but held that permanent severance of parental rights without consent is not an appropriate remedy when the parent’s caregiving deficits are driven by terminal illness; courts should instead generally defer termination while using custody and related orders to ensure the child’s welfare.


In re Micah Alyn R., 202 W. Va. 400, 504 S.E.2d 635 (W. Va. 1998)