In re: A.G. and E.W.

No. 16-0547 (W. Va. Nov. 14, 2016) · Supreme Court of Appeals of West Virginia · November 14, 2016 · No. No. 16-0547

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of a mother’s parental rights to two children. The court held that she failed to demonstrate by clear and convincing evidence 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 were unlikely to be corrected in the near future.

Holdings

  1. The circuit court did not err in denying the mother's motion for a post-adjudicatory improvement period because she failed to demonstrate by clear and convincing evidence that she was likely to fully participate in the improvement period.
  2. The circuit court properly terminated the mother's parental rights after finding no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and that termination was necessary for the children's welfare.

Questions Presented

  1. Whether the circuit court erred in denying the mother's motion for a post-adjudicatory improvement period.
  2. Whether the circuit court erred in terminating the mother's parental rights.

Disposition

affirmed

Cases Cited (10)

  • In re K.H., 235 W. Va. 254, 773 S.E.2d 20 (2015)(followed)
  • Melinda H. v. William R. II, 230 W. Va. 731, 742 S.E.2d 419 (2013)(followed)
  • State v. Brandon B., 218 W. Va. 324, 624 S.E.2d 761 (2005)(followed)
  • State v. Edward Charles L., 183 W. Va. 641, 398 S.E.2d 123 (1990)(followed)
  • 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: M.M., 236 W. Va. 108, 778 S.E.2d 338 (2015)(followed)
  • In re Katie S., 198 W. Va. 79, 479 S.E.2d 589 (1996)(followed)
  • In re: Charity H., 215 W. Va. 208, 599 S.E.2d 631 (2004)(followed)
  • In re Timber M., 231 W. Va. 44, 743 S.E.2d 352 (2013)(followed)

Cited In (0)

No citing cases on record yet.

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