In re M.H.-1

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner mother's parental rights to M.H.-1. The court held that she failed to demonstrate by clear and convincing evidence that she was likely to fully participate in a post-adjudicatory improvement period and that the circuit court properly found no reasonable likelihood that the conditions of abuse and neglect would be substantially corrected in the near future. The court also upheld the determination that termination was necessary for the child's welfare.

Holdings

1. The circuit court properly denied the mother's motion because she failed to prove by clear and convincing evidence that she was likely to fully participate in an improvement period.
2. The circuit court properly terminated the mother's parental rights 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 child's welfare.
3. The circuit court did not err by declining to impose an alternative disposition, including guardianship, because the evidence supported termination and the child's welfare required it.

Questions Presented

1. Whether the circuit court abused its discretion by denying the mother's motion for a post-adjudicatory improvement period.
2. Whether the circuit court erred by terminating the mother's parental rights when she argued that alternative dispositions, including guardianship, were available.

Disposition

affirmed