In re H.G. and K.G.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of a custodian’s custodial rights to two children in an abuse and neglect proceeding. The court held that the custodian 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 could be substantially corrected in the near future.

Holdings

1. The circuit court properly denied D.R.'s motion because she failed to demonstrate by clear and convincing evidence that she was likely to fully participate in an improvement period.
2. The circuit court did not err in finding no reasonable likelihood that D.R. could substantially correct the conditions of abuse and neglect in the near future and in determining that termination of her custodial rights was necessary for the children's welfare.

Questions Presented

1. Whether the circuit court erred in denying D.R.'s motion for a post-adjudicatory improvement period.
2. Whether the circuit court erred in finding no reasonable likelihood that D.R. could substantially correct the conditions of abuse and neglect in the near future and in terminating her custodial rights.

Disposition

affirmed