In re C.W. and N.S.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner mother M.S.'s parental and custodial rights to C.W. and N.S. The court held that the mother had not remedied the conditions of abuse and neglect, citing ongoing substance abuse, criminal conduct, noncompliance with services, and her refusal to acknowledge the underlying problems. The court concluded that termination was supported by the evidence and that less-restrictive alternatives were unnecessary.

Holdings

1. Petitioner was not entitled to relief based on claimed compliance because the evidence showed that she failed to remedy the conditions of abuse and neglect, including through continued substance abuse, missed drug screens, criminal conduct, and refusal to acknowledge the underlying problems.
2. The circuit court properly found that there was no reasonable likelihood petitioner could substantially correct the conditions of abuse and neglect in the near future and that termination was necessary for the children's welfare.
3. The circuit court was not required to use a less-restrictive alternative before terminating petitioner's parental and custodial rights because the evidence established that the conditions of abuse and neglect could not be substantially corrected in the near future.

Questions Presented

1. Whether the circuit court erred by terminating petitioner's parental and custodial rights despite her claimed substantial compliance with the improvement period.
2. Whether the circuit court was required to impose a less-restrictive dispositional alternative instead of terminating petitioner's parental and custodial rights.

Disposition

affirmed