In re A.F., K.F., and M.M.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of a mother’s parental rights to three children in an abuse and neglect proceeding. The court held that the circuit court did not abuse its discretion in denying an improvement period or in finding that the conditions of abuse and neglect were unlikely to be substantially corrected, based on the mother’s failure to acknowledge substance abuse and sexual abuse in the home and her failure to separate from her boyfriend.

Holdings

1. The circuit court properly denied Petitioner's motion for an improvement period because she failed to demonstrate by clear and convincing evidence that she would fully participate in an improvement period.
2. The circuit court properly terminated Petitioner's parental rights because the evidence supported findings that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and that termination was necessary for the children's welfare.
3. The circuit court was required to conduct periodic permanent-placement review conferences and pursue permanent placement for the children within the applicable twelve-month period, absent extraordinary circumstances.

Questions Presented

1. Whether the circuit court abused its discretion by denying Petitioner's motion for an improvement period.
2. Whether the circuit court erred by terminating Petitioner's parental rights based in part on her failure to separate from B.M. and her failure to acknowledge the substance abuse and sexual abuse in the home.

Disposition

affirmed