In re S.P.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner mother C.W.’s parental rights to S.P. The court held that she failed to demonstrate by clear and convincing evidence that she was likely to fully participate in a post-adjudicatory improvement period and that the record supported the finding that the conditions of abuse and neglect were unlikely to be substantially corrected in the near future.

Holdings

1. The circuit court did not abuse its discretion in denying petitioner's motion because she failed to demonstrate by clear and convincing evidence that she was likely to fully participate in an improvement period.
2. The circuit court did not err in terminating petitioner's parental rights because the conditions of abuse and neglect had not substantially changed, there was no reasonable likelihood that they could be corrected in the near future, and termination was necessary for the child's welfare.

Questions Presented

1. Whether the circuit court abused its discretion by denying petitioner a post-adjudicatory improvement period.
2. Whether the circuit court erred by terminating petitioner's parental rights without an improvement period or other less restrictive alternative.

Disposition

affirmed