In re M.L., R.L., and B.L.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of a mother's parental rights to three children. The court held that the circuit court properly terminated her improvement period and parental rights based on her noncompliance with substance-abuse treatment, drug screening, parenting services, and other case-plan requirements. The court also upheld the denial of post-termination visitation and reminded the circuit court of its duties concerning permanency placement.

Holdings

1. The circuit court properly terminated petitioner's improvement period because the children had been in foster care for fifteen months of the most recent twenty-two months, and the record also showed substantial noncompliance.
2. The improvement-period requirements were not shown to be impermissibly ambiguous, and petitioner was responsible for initiating and completing all terms of the improvement period.
3. The circuit court properly terminated 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.
4. Petitioner was not entitled to post-termination visitation because she did not meet her burden to show that continued contact would not be detrimental to the children and would be in their best interests.

Questions Presented

1. Whether the circuit court erred by terminating petitioner's improvement period under the statutory time limits.
2. Whether the terms and conditions of petitioner's improvement period were so ambiguous that termination of her parental rights was improper.
3. Whether termination of petitioner's parental rights was warranted or whether the children should instead have been placed temporarily with an appropriate individual.
4. Whether the circuit court erred by denying petitioner post-termination visitation.

Disposition

affirmed