In re G.L., L.L., & A.L.

No. 13-0559 · Supreme Court of Appeals of West Virginia · October 21, 2013 · No. No. 13-0559

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of a mother's parental rights to three children. The court held that the circuit court did not abuse its discretion in denying a post-adjudicatory improvement period because the mother failed to demonstrate that she would fully comply with its requirements, and that substantial evidence supported termination based on continued drug abuse, incarceration, and failure to comply with rehabilitative efforts.

Holdings

  1. The circuit court properly denied Mother's motion because she failed to show by clear and convincing evidence that she would fully comply with the terms of another post-adjudicatory improvement period.
  2. The circuit court properly terminated Mother's parental rights because substantial evidence showed no reasonable likelihood that she could substantially correct the conditions of abuse or neglect in the near future and that termination was in the children's best interests.

Questions Presented

  1. Whether the circuit court erred by denying Mother's motion for a post-adjudicatory improvement period.
  2. Whether the circuit court erred by terminating Mother's parental rights.

Disposition

affirmed

Cases Cited (4)

  • In Interest of Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (1996)(followed)
  • In re Cecil T., 228 W. Va. 89, 717 S.E.2d 873 (2011)(followed)
  • In re Kristin Y., 227 W. Va. 558, 712 S.E.2d 55 (2011)(followed)
  • In re R.J.M., 164 W. Va. 496, 266 S.E.2d 114 (1980)(followed)

Cited In (0)

No citing cases on record yet.

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