In re L.C.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner mother K.K.’s parental rights to L.C. The court held that she was not entitled to a post-dispositional improvement period because she failed to comply with her post-adjudicatory improvement period and did not demonstrate by clear and convincing evidence that she was likely to participate fully in another improvement period. The court also upheld the finding that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future.

Holdings

1. The circuit court did not err in denying a post-dispositional improvement period because petitioner failed to demonstrate by clear and convincing evidence that she was likely to fully participate, and she likewise failed to show that any change in circumstances made such participation likely.
2. The circuit court properly terminated petitioner'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 child's welfare.

Questions Presented

1. Whether the circuit court erred by denying petitioner a post-dispositional improvement period.
2. Whether the circuit court erred by terminating petitioner'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 child's welfare.

Disposition

affirmed