In re C.C. and M.C.

No. 16-0546 (W. Va. Nov. 14, 2016) · Supreme Court of Appeals of West Virginia · November 14, 2016 · No. No. 16-0546

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner mother L.C.’s parental rights to C.C. and M.C. The Court held that the circuit court did not err in finding no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future, based on petitioner’s incomplete compliance with improvement-period requirements and positive drug screens.

Holdings

  1. The circuit court did not clearly err in finding no reasonable likelihood that petitioner could substantially correct the conditions of abuse and neglect in the near future.
  2. Termination of petitioner's parental rights was proper because the statutory conditions for termination were met and the children's welfare required termination.

Questions Presented

  1. Whether the circuit court clearly erred in finding that there was no reasonable likelihood that petitioner could substantially correct the conditions of abuse and neglect in the near future.
  2. Whether termination of petitioner's parental rights was authorized and necessary for the children's welfare based on her failure to substantially follow through with rehabilitative efforts.

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 Emily, 208 W. Va. 325, 540 S.E.2d 542 (2000)(followed)
  • In re Travis W., 206 W. Va. 478, 525 S.E.2d 669 (1999)(followed)
  • Michael D.C. v. Wanda L.C., 201 W. Va. 381, 497 S.E.2d 531 (1997)(followed)
  • In re Katie S., 198 W. Va. 79, 479 S.E.2d 589 (1996)(followed)

Cited In (0)

No citing cases on record yet.

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