In re A.M. and Z.K.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of a mother’s parental rights to A.M. and Z.K. The court held that the circuit court did not err in denying an improvement period or finding no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected.

Holdings

1. A parent who seeks an improvement period under West Virginia Code § 49-6-12 must file a written motion and demonstrate by clear and convincing evidence that the parent would substantially comply with the improvement-period terms; the circuit court has discretion to grant or deny the motion. Petitioner did not meet that burden, and the denial was not error.
2. The circuit court properly found no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and properly determined that termination of parental rights was necessary for the children's welfare.

Questions Presented

1. Whether the circuit court erred in denying petitioner's motion for an improvement period.
2. Whether the evidence supported the finding that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and the resulting termination of parental rights.

Disposition

affirmed