In Re: U.B.

Summary

The West Virginia Supreme Court of Appeals reviewed a circuit court order terminating a mother's custodial rights to U.B. in an abuse and neglect proceeding. The court held that the mother failed to comply with her improvement period, address her substance abuse, or establish a suitable home, and that sufficient evidence supported the finding that the conditions could not be substantially corrected in the near future. The court affirmed the termination of custodial rights.

Holdings

1. The circuit court had sufficient evidence to find that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future because Petitioner Mother failed to comply with her improvement period, habitually abused controlled substances, and did not follow her case plan.
2. The mother's bond with U.B. and her asserted efforts to seek treatment did not preclude termination where she failed to comply with the improvement period and the evidence supported the finding that correction of the conditions was unlikely.
3. The circuit court's findings were not clearly erroneous, and the order terminating Petitioner Mother's custodial rights was affirmed.

Questions Presented

1. Whether the circuit court clearly erred in finding that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future.
2. Whether the petitioner's efforts to seek treatment and bond with the child required preservation of her custodial rights.
3. Whether termination of custodial rights was necessary despite the availability of less restrictive alternatives.

Disposition

affirmed