In re M.A., A.A.-1, and A.A.-2

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of a mother's parental rights to two children in an abuse and neglect proceeding. The court held that clear and convincing evidence supported adjudication based on the mother's allowing children to consume alcohol and engaging in inappropriate conduct, and that her failure to acknowledge the abuse supported denial of a post-adjudicatory improvement period. The court further upheld the finding that there was no reasonable likelihood that the conditions of abuse could be substantially corrected.

Holdings

1. The evidence was sufficient to adjudicate petitioner as an abusing parent because permitting children to consume alcohol in her presence, together with the other inappropriate conduct, constituted abuse sufficient to support adjudication.
2. The circuit court properly denied petitioner's request for a post-adjudicatory improvement period because she failed to establish that she was likely to fully participate in it.
3. Termination of petitioner's parental rights was proper because there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and termination was necessary for the children's welfare.

Questions Presented

1. Whether the evidence was sufficient to adjudicate petitioner as an abusing parent.
2. Whether the circuit court erred by denying petitioner a post-adjudicatory improvement period.
3. Whether 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 children's welfare.

Disposition

affirmed