In re K.M.

No. 14-1050 (W. Va. Mar. 16, 2015) · Supreme Court of Appeals of West Virginia · March 16, 2015 · No. 14-1050

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of the mother's parental rights to K.M. The court held that the record supported findings that there was no reasonable likelihood the conditions of abuse and neglect could be substantially corrected and that reasonable reunification efforts had been made.

Holdings

  1. Termination of parental rights was proper because the circuit court found no reasonable likelihood that Petitioner Mother could substantially correct the conditions of abuse and neglect in the near future, and the record supported that finding.
  2. The circuit court made reasonable efforts to reunify Petitioner Mother with K.M.
  3. Legal conclusions are reviewed de novo, while factual findings are reviewed for clear error and will be upheld when supported by a plausible view of the record.

Questions Presented

  1. Whether the circuit court erred by terminating Petitioner Mother's parental rights rather than employing a less restrictive alternative.
  2. Whether the DHHR and circuit court made reasonable efforts to reunify Petitioner Mother with K.M.

Disposition

affirmed

Cases Cited (4)

  • In Interest of Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (1996)(followed)
  • In re Cecil T., 228 W. Va. 89, 717 S.E.2d 873 (2011)(followed)
  • In re R.J.M., 164 W. Va. 496, 266 S.E.2d 114 (1980)(followed)
  • In re Dejah P., 216 W. Va. 514, 607 S.E.2d 843 (2004)(followed)

Cited In (0)

No citing cases on record yet.

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