In re: E.M.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of the petitioner mother's parental rights to E.M. The Court held that the circuit court properly found no reasonable likelihood that the conditions of abuse and neglect, primarily involving longstanding substance abuse and repeated relapses, could be substantially corrected in the near future.

Holdings

1. The circuit court properly terminated petitioner's parental rights because the evidence supported findings that there was no reasonable likelihood she could substantially correct the conditions of abuse and neglect in the near future and that termination was necessary for the child's welfare.
2. Conclusions of law are reviewed de novo, while factual findings are reviewed for clear error and will be upheld if the circuit court's account of the evidence is plausible in light of the entire record.

Questions Presented

1. Whether the circuit court erred by terminating petitioner's parental rights despite her claimed periods of sobriety and commitment to controlling her substance abuse.
2. Whether the evidence supported the finding that there was no reasonable likelihood petitioner could substantially correct the conditions of abuse and neglect in the near future and that termination was necessary for the child's welfare.

Disposition

affirmed