In re B.S. and S.C.

In re B.S. and S.C. · Supreme Court of Appeals of West Virginia · November 19, 2018 · No. 18-0423

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of petitioner mother A.S.’s parental rights to B.S. and S.C. The court held that the circuit court properly found no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and properly denied a post-adjudicatory improvement period.

Holdings

  1. The circuit court correctly found no reasonable likelihood that A.S. could substantially correct the conditions of abuse and neglect in the near future.
  2. Termination of A.S.'s parental rights was appropriate because no reasonable likelihood existed that the conditions of abuse and neglect could be substantially corrected and termination was necessary for the children's welfare; intervening less-restrictive alternatives were not required.

Questions Presented

  1. Whether the circuit court clearly erred in finding no reasonable likelihood that A.S. could substantially correct the conditions of abuse and neglect in the near future.
  2. Whether the circuit court erred by terminating A.S.'s parental rights rather than granting a post-adjudicatory improvement period or using another less-restrictive dispositional alternative.

Disposition

affirmed

Cases Cited (9)

  • In re K.H., 235 W. Va. 254, 773 S.E.2d 20 (2015)(followed)
  • Melinda H. v. William R. II, 230 W. Va. 731, 742 S.E.2d 419 (2013)(followed)
  • State v. Brandon B., 218 W. Va. 324, 624 S.E.2d 761 (2005)(followed)
  • State v. Edward Charles L., 183 W. Va. 641, 398 S.E.2d 123 (1990)(followed)
  • In Interest of Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (1996)(followed)
  • In re Cecil T., 228 W. Va. 89, 717 S.E.2d 873 (2011)(followed)
  • In re M.M., 236 W. Va. 108, 778 S.E.2d 338 (2015)(followed)
  • In re R.J.M., 164 W. Va. 496, 266 S.E.2d 114 (1980)(followed)
  • In re Kristin Y., 227 W. Va. 558, 712 S.E.2d 55 (2011)(followed)

Cited In (0)

No citing cases on record yet.

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