In re B.W., A.W., & E.W.

Summary

The West Virginia Supreme Court of Appeals affirmed an order terminating petitioner mother L.W.’s parental rights to three children. The court held that the circuit court did not abuse its discretion in denying an extension of the mother’s improvement period because she failed to substantially comply with required services and continued to test positive for drugs. The court also concluded that the evidence supported findings that there was no reasonable likelihood of correcting the neglect conditions in the near future and that termination was necessary for the children’s welfare.

Holdings

1. The circuit court did not abuse its discretion in denying the mother's motion to extend her improvement period because the record did not show substantial compliance with the improvement-period requirements.
2. The circuit court did not err in terminating the mother's parental rights because there was no reasonable likelihood that she could substantially correct the conditions of abuse or neglect in the near future and termination was necessary for the children's welfare.
3. Legal conclusions in abuse and neglect cases are reviewed de novo, while factual findings are reviewed for clear error.

Questions Presented

1. Whether the circuit court abused its discretion by denying the mother's motion to extend her improvement period.
2. Whether the evidence supported termination of the mother's parental rights based on the absence of a reasonable likelihood that she could substantially correct the conditions of neglect in the near future and the necessity of termination for the children's welfare.

Disposition

affirmed