In re R.M.-1 and R.M.-2

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of Petitioner Mother S.M.'s parental rights to two children. The court held that she failed to demonstrate likely full participation in a post-adjudicatory improvement period, did not substantially comply with her case plan, and failed to acknowledge her substance-abuse-related neglect. The court also upheld the denial of post-termination visitation because continued contact was not shown to be in the children's best interests.

Holdings

1. The circuit court did not abuse its discretion in denying the post-adjudicatory improvement period because the mother failed to demonstrate by clear and convincing evidence that she was likely to fully participate.
2. Termination of the mother's parental rights 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.
3. The circuit court properly denied post-termination visitation because the evidence did not establish that continued visitation would be in the children's best interests and would not be detrimental to them.

Questions Presented

1. Whether the circuit court abused its discretion by denying the mother's motion for a post-adjudicatory improvement period.
2. Whether the evidence supported termination of the mother's parental rights 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.
3. Whether the circuit court erred by denying the mother's request for post-termination visitation.

Disposition

affirmed