In re K.W. and S.W.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of petitioner mother's parental rights to K.W. and S.W. The court held that she was not entitled to a post-adjudicatory improvement period or additional services because she had received extensive prior services, failed to acknowledge the abuse and neglect conditions, and had a poor prognosis for parental improvement. The court also concluded that termination was necessary for the children's welfare and reminded the circuit court of its continuing permanency-placement duties.

Holdings

1. The circuit court did not abuse its discretion in denying the requested improvement period because petitioner failed to demonstrate by clear and convincing evidence that she was likely to fully participate in it.
2. The circuit court did not err by denying additional services beyond those already provided.
3. Termination 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 circuit court abused its discretion by denying petitioner a post-adjudicatory improvement period.
2. Whether the circuit court erred by declining to provide additional services tailored to petitioner's circumstances before terminating her parental rights.
3. Whether the evidence supported termination of petitioner's parental rights based on no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and the children's best interests.

Disposition

affirmed