In Re: S.A. and S.A.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of the petitioner mother's parental rights to two children. The court held that the circuit court did not err in denying a post-adjudicatory improvement period, finding sufficient evidence that the mother would not substantially comply and that the conditions of abuse and neglect could not be substantially corrected in the near future.

Holdings

1. A parent bears the burden of proving that he or she would substantially comply with a post-adjudicatory improvement period, and the circuit court has discretion to grant or deny the period. The circuit court did not err in denying petitioner mother an improvement period because the evidence supported its finding that she would not substantially comply.
2. Termination of petitioner mother's parental rights was proper because the record supported findings that there were no reasonable grounds to believe the conditions of abuse and neglect could be substantially corrected in the near future and that termination was necessary for the children's welfare.

Questions Presented

1. Whether the circuit court abused its discretion by denying petitioner mother a post-adjudicatory improvement period.
2. Whether the evidence supported termination of petitioner mother's parental rights based on the findings that the conditions of abuse and neglect could not be substantially corrected in the near future and that termination was necessary for the children's welfare.

Disposition

affirmed