In re: J.M., J.W., A.K., and A.K.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner mother's parental rights to four children. The court held that the circuit court's credibility findings and determination that there was no reasonable likelihood of substantially correcting the conditions of neglect were supported by substantial evidence.

Holdings

1. The circuit court did not clearly err in finding that petitioner's testimony was not honest or credible because the DHHR's evidence and D.K.'s testimony supported the finding that petitioner continued to contact D.K. in violation of the protective and no-contact orders.
2. The circuit court properly terminated petitioner's parental rights because her compliance with the improvement period was only one factor, the controlling consideration was the children's best interests, and the evidence showed no reasonable likelihood that she could substantially correct the conditions of abuse or neglect in the near future.

Questions Presented

1. Whether the circuit court clearly erred in finding that petitioner's testimony concerning contact with D.K. was not credible.
2. Whether the circuit court erred in terminating petitioner's parental rights despite her claimed substantial completion of the improvement period.

Disposition

affirmed