In re L.L.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of a grandmother’s custodial rights to a child in an abuse and neglect proceeding. The court held that the circuit court properly found the grandmother had not successfully remedied the conditions underlying the petition during her post-adjudicatory improvement period, despite her participation in services. The court emphasized her failure to accept responsibility, make lasting changes, and provide a home in the child’s best interests.

Holdings

1. The circuit court did not abuse its discretion or clearly err in finding that B.L. failed to successfully complete her improvement period because, despite participating in services, she did not make lasting changes or remedy the conditions of abuse and neglect.
2. The circuit court properly relied on the evidence supporting its findings and was not required to accept the testimony of B.L.'s most recent service provider.
3. Even assuming B.L. fully complied with the terms and conditions of her improvement period, the circuit court properly denied a return of L.L. because B.L. failed to make meaningful changes and returning the child while the unsafe conditions persisted was not in L.L.'s best interests.

Questions Presented

1. Whether the circuit court clearly erred in finding that B.L. failed to successfully complete her post-adjudicatory improvement period.
2. Whether the circuit court properly relied on conflicting service-provider and psychological-evaluation evidence in determining that B.L. had not remedied the conditions of abuse and neglect.
3. Whether B.L.'s compliance with services required reversal of the custodial-rights termination when she failed to make meaningful changes and return to her home was not in L.L.'s best interests.

Disposition

affirmed