In re K.S.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of a mother’s parental rights in an abuse and neglect proceeding involving methamphetamine use, erratic behavior, and harm to her sixteen-year-old child. The court held that the circuit court did not abuse its discretion in denying the mother an improvement period because she failed to demonstrate by clear and convincing evidence that she was likely to fully participate and did not acknowledge the conditions leading to adjudication. The court issued the decision as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. The circuit court did not abuse its discretion in denying petitioner an improvement period because petitioner failed to demonstrate by clear and convincing evidence that she was likely to fully participate in the period.
2. A parent who fails to acknowledge the existence of the problem underlying an abuse and neglect adjudication may be denied an improvement period because the problem is effectively untreatable and the improvement period would be futile.
3. Petitioner's incarceration did not establish entitlement to an improvement period because, after her release, she still failed to participate in the MDT meeting and dispositional hearing and therefore failed to show likely full compliance.

Questions Presented

1. Whether the circuit court abused its discretion by denying petitioner an improvement period.
2. Whether petitioner's failure to acknowledge the conditions underlying the abuse and neglect adjudication supported denial of an improvement period.
3. Whether petitioner's incarceration prevented her from demonstrating that she was likely to fully participate in an improvement period.

Disposition

affirmed