In re S.D. & C.D.

Summary

The West Virginia Supreme Court of Appeals affirmed an order terminating a mother's parental rights to S.D. and C.D. The court held that the circuit court did not err in denying a post-adjudicatory improvement period or finding no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected. The case involved allegations of ongoing sexual abuse in the home, failure to protect the children, and inadequate health and dental care.

Holdings

1. The circuit court did not err in denying the improvement period because Mother failed to demonstrate by clear and convincing evidence that she would fully participate, and the aggravated circumstances of sexual abuse relieved the DHHR of any obligation to make reasonable efforts to preserve the family.
2. The circuit court properly terminated Mother's parental rights because the evidence established that she failed to protect S.D., lacked an adequate capacity to correct the abuse and neglect, and presented no reasonable likelihood that the conditions could be substantially corrected, while termination was required for the children's welfare.

Questions Presented

1. Whether the circuit court erred in denying Mother's motion for a post-adjudicatory improvement period.
2. Whether the circuit court erred in terminating Mother's parental rights because the findings were unsupported by the evidence.

Disposition

affirmed