In re A.K. and E.H.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner mother B.K.'s parental rights to A.K. and E.H. The court held that she failed to demonstrate likely full participation in a post-adjudicatory improvement period and that substantial evidence supported findings that the conditions of abuse and neglect were unlikely to be corrected and termination was necessary for the children's welfare. The decision is a per curiam memorandum decision issued under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. A parent seeking a post-adjudicatory improvement period must demonstrate by clear and convincing evidence that the parent is likely to fully participate in it. Petitioner failed to meet that burden because she largely refused to participate in drug screening and other services, so the circuit court did not abuse its discretion in denying the improvement period.
2. Termination of petitioner's parental rights was proper because substantial evidence established that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected and that termination was necessary for the children's welfare.

Questions Presented

1. Whether the circuit court erred in denying petitioner a post-adjudicatory improvement period.
2. Whether the circuit court erred in terminating petitioner's parental rights for lack of a reasonable likelihood that the conditions of abuse and neglect could be substantially corrected and because termination was necessary for the children's welfare.

Disposition

affirmed