In re K.L.

In re K.L. · Supreme Court of Appeals of West Virginia · October 12, 2018 · No. 18-0285

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of petitioner mother N.W.'s parental rights to K.L. The court held that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and that termination was in the child's best interests. The court also rejected the mother's arguments that economic factors warranted relief or that she should receive another improvement period.

Holdings

  1. The circuit court properly terminated petitioner'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 in the child's best interests.
  2. The circuit court did not err by declining to grant petitioner an improvement period.
  3. The DHHR was not required to make reasonable efforts to preserve petitioner's family because her parental rights to three other children had previously been terminated.

Questions Presented

  1. 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.
  2. Whether petitioner was entitled to an improvement period based on her prior successful completion of an improvement period.

Disposition

affirmed

Cases Cited (6)

  • 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)

Cited In (0)

No citing cases on record yet.

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