In re K.W. and W.O.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of petitioner mother T.B.'s custodial rights to K.W. and parental rights to W.O. The court held that she failed to substantially comply with her post-adjudicatory improvement period, including by discontinuing domestic-violence classes and failing to acknowledge her role in the abuse and neglect. The court further concluded that there was no reasonable likelihood that the conditions could be corrected in the near future and that termination was in the children's best interests.

Holdings

1. The circuit court did not err in finding that T.B. failed to successfully complete her post-adjudicatory improvement period because she stopped attending domestic violence group sessions, failed to complete that program, and did not accept responsibility for the abuse and neglect.
2. The circuit court properly denied an extension because T.B. had not substantially complied with the terms and conditions of the improvement period.
3. Termination of T.B.'s custodial rights to K.W. and parental rights to W.O. 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 erred in finding that T.B. failed to successfully complete her post-adjudicatory improvement period.
2. Whether the circuit court erred in denying T.B.'s motion for an extension of the post-adjudicatory improvement period.
3. Whether the circuit court erred in terminating T.B.'s custodial rights to K.W. and parental rights to W.O.

Disposition

affirmed