During this case, the parent is usually given time and help to fix the problems of abuse and neglect. At the end of the case, the court will decide on the parent’s custodial and legal rights, including whether or not to return the child to the parent. This decision is called a disposition.

Custodial rights and legal rights are related, but they are not the same. This can make these court orders confusing.

When making this decision, the court will look at 1) whether the parents have fixed the identified problems and 2) what is in the best interests of the child.

Returning the child to the parent – reunification – is the goal. But if the parent hasn’t fully addressed the problems by the end of the case, the court may restrict or even terminate the parent’s rights.

Your final order will say whether your child will return to your custody (reunification) or if your rights are suspended or terminated. The order should list the court’s reasons for its decision.

If applicable, the order will also include terms that the parent must follow. This can include visitation terms or being required to complete a rehabilitation program. It can also say who is allowed to live in the home with the child or who can be around the child.

At the end of a child abuse and neglect case, the court may find that returning the child to the parent is not what is best for the child. At the same time, it may not be proper to terminate the parent’s rights. Because the parent may not yet be in a position to care for the child, the child will need to live with and be cared for by someone else.  In these cases, the court may order a Disposition 5, which is like a suspension of custodial rights. When this happens, the parent remains the legal parent but will not have care or custody of the child. This means that the parent cannot live in the same home as the child. This also means the parent cannot make decisions regarding school, healthcare, or other caregiving responsibilities. However, because the parent doesn’t lose their legal rights, they may still have access to the child’s health or school records.

In a Disposition 5, the court will decide who has physical custody of the child. That person may be the other parent or someone appointed to be the legal guardian. The court order should also include terms of contact between the parent and the child. This could mean no contact at all, or that contact must be supervised.

Yes, you can ask the court to modify the disposition by filing a petition. The parent, the child, the child’s custodian or legal guardian, or the DoHS can file this petition. In the petition, you can ask either for the child’s return or for visitation rights.

The parent must show that there has been a major change in circumstances and that the child should be returned to the parent. The court will hold a hearing to look at the identified problems from the child abuse and neglect case and the reasons it ordered the Disposition 5, and then it will see what has changed and improved since then. For example, after the end of the child abuse and neglect case, the parent may have successfully completed substance use treatment and is in recovery, or they now have stable housing when they were unhoused before.

A Disposition 6 terminates a parent’s rights completely and permanently, and the parent is no longer the legal parent. For all legal purposes, there is no relationship between the child and the parent. A court will order a Disposition 6 when it finds that the abuse or neglect cannot be fixed within a reasonable amount of time and when a Disposition 5 is not the best outcome for the child.

In Disposition 6 orders, the court must include terms about post-termination visitation. Please note that Disposition 6 orders usually prohibit any and all contact between the child and the parent.

At the hearing where your rights are terminated, ask for post-termination visitation. You can also file a motion for visitation, but it must be filed within ten (10) days of the entry of the Disposition 6 order. The DoHS or Guardian ad Litem for the child may also file the motion and will have a longer window to do so. The motion must clearly show that contact with you would be in the child’s best interests.

Please know that post-termination visitation is not commonly granted by the court.

In West Virginia, all adoptions are closed adoptions. That means that the parent who loses their rights does not have the right to stay in touch with the child after adoption. However, if the court grants post-termination contact, the parent may have contact with the adoptive parent’s permission.

There is a voluntary adoption registry where parents can register. If the child chooses to find the parent in the future, they can search the registry to locate them. These forms are available at the WV DoHS website.

For more information about Child Abuse and Neglect under West Virginia Law, please see Child Abuse and Neglect under West Virginia Law – Legal Aid WV

For more information about Termination of Parental Rights in West Virginia, please see Termination of Parental Rights in West Virginia – Legal Aid WV

For more information about adoptions, please see Adoption – Legal Aid WV