In re J.S.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of the petitioner mother’s parental rights in an abuse and neglect proceeding. The court held that she failed to demonstrate that she was likely to fully participate in a post-adjudicatory improvement period and that the record supported findings that the conditions of abuse and neglect could not be substantially corrected. The court concluded that termination was necessary for the child’s welfare under the applicable West Virginia statutes.

Holdings

1. A circuit court may grant a post-adjudicatory improvement period only when the parent demonstrates by clear and convincing evidence that the parent is likely to fully participate; petitioner failed to meet that burden.
2. Termination of parental rights was proper because there was no reasonable likelihood that petitioner could substantially correct the conditions of abuse and neglect and termination was necessary for the child's welfare; under those findings, the circuit court was required to terminate parental rights.
3. Legal conclusions are reviewed de novo, while factual findings are reviewed for clear error and affirmed when plausible in light of the record viewed in its entirety.

Questions Presented

1. Whether the circuit court properly denied petitioner's motion for a post-adjudicatory improvement period.
2. Whether the circuit court properly terminated petitioner's parental rights without imposing a less restrictive dispositional alternative.

Disposition

affirmed