In re A.C.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner mother K.J.’s parental rights to A.C. The court held that she failed to demonstrate a likelihood of fully participating in an improvement period and that the record supported findings that the conditions of abuse and neglect could not be substantially corrected in the near future. The court also rejected her challenge concerning post-termination visitation, concluding that the circuit court’s written order controlled and did not prohibit her from filing a future motion.

Holdings

1. The circuit court did not abuse its discretion in denying the improvement period because petitioner failed to demonstrate by clear and convincing evidence that she was likely to fully participate, and she failed to acknowledge her abuse and neglect.
2. 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 child's welfare.
3. The circuit court did not err because its written order controls over any inconsistent oral statement, and the written order did not prohibit petitioner from filing a motion for post-termination visitation; it only denied current visitation and allowed the issue to be revisited upon a therapist's recommendation.

Questions Presented

1. Whether the circuit court erred in terminating petitioner's parental rights without first granting her an improvement period.
2. Whether the circuit court erred in ruling that petitioner could not file a motion for post-termination visitation.

Disposition

affirmed