In re C.O.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner mother N.J.’s parental rights to C.O. The court held that the circuit court did not err in denying a post-adjudicatory improvement period because the evidence supported findings that the conditions of abuse and neglect were unlikely to be corrected and that termination was necessary for the child’s welfare.

Holdings

1. The circuit court properly denied N.J.'s motion for an improvement period because a parent seeking one bears the burden of proving by clear and convincing evidence that the parent would substantially comply with its terms, and the circuit court has discretion to grant or deny the motion.
2. The circuit court properly terminated N.J.'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 C.O.'s welfare.

Questions Presented

1. Whether the circuit court abused its discretion by denying N.J.'s motion for a post-adjudicatory improvement period.
2. Whether the evidence supported termination of N.J.'s parental rights based on the absence of a reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and the child's best interests.

Disposition

affirmed