In re A.B.-1, P.B., J.B., and A.B.-2

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner mother S.B.’s parental rights to four children. The court held that the circuit court did not abuse its discretion in denying a post-adjudicatory improvement period and properly found no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected.

Holdings

1. The circuit court did not abuse its discretion in denying petitioner an improvement period because she failed to demonstrate that she was likely to fully participate in it and the evidence showed that meaningful improvement was unlikely.
2. The circuit court did not err in terminating petitioner'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. Termination of parental rights may occur without an intervening less restrictive alternative when the statutory conditions establish that there is no reasonable likelihood that the conditions of abuse or neglect can be substantially corrected.

Questions Presented

1. Whether the circuit court abused its discretion by denying petitioner a post-adjudicatory improvement period.
2. Whether the circuit court clearly erred or otherwise lacked sufficient grounds to terminate petitioner's parental rights.
3. Whether the circuit court was required to use an intervening less restrictive alternative before terminating petitioner's parental rights.

Disposition

affirmed