In re A.S.-1, C.S., E.S., and J.S.

No. 21-0837 (W. Va. Apr. 14, 2022) · Supreme Court of Appeals of West Virginia · April 14, 2022 · No. No. 21-0837

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of petitioner mother A.S.-2's parental rights to four children. The court held that she was not entitled to a post-adjudicatory improvement period because she failed to demonstrate likely full participation and continued involvement in domestic violence relationships while inconsistently participating in services. The court also concluded that the evidence supported findings that there was no reasonable likelihood of correcting the conditions of abuse and neglect and that termination was necessary for the children's welfare.

Holdings

  1. The circuit court did not err in denying a post-adjudicatory improvement period because petitioner failed to demonstrate by clear and convincing evidence that she was likely to fully participate in the improvement period.
  2. 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.

Questions Presented

  1. Whether the circuit court erred in denying petitioner a post-adjudicatory improvement period.
  2. Whether the circuit court erred in terminating petitioner's parental rights.

Disposition

affirmed

Cases Cited (11)

  • In re K.H., 235 W. Va. 254, 773 S.E.2d 20 (2015)(followed)
  • Melinda H. v. William R. II, 230 W. Va. 731, 742 S.E.2d 419 (2013)(followed)
  • State v. Brandon B., 218 W. Va. 324, 624 S.E.2d 761 (2005)(followed)
  • State v. Edward Charles L., 183 W. Va. 641, 398 S.E.2d 123 (1990)(followed)
  • In Interest of Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (1996)(followed)
  • In re Cecil T., 228 W. Va. 89, 717 S.E.2d 873 (2011)(followed)
  • In re Kaitlyn P., 225 W. Va. 123, 126, 690 S.E.2d 131, 134 (2010)(followed)
  • In re Tonjia M., 212 W. Va. 443, 448, 573 S.E.2d 354, 359 (2002)(followed)
  • Michael D.C. v. Wanda L.C., 201 W. Va. 381, 388, 497 S.E.2d 531, 538 (1997)(followed)
  • In re R.J.M., 164 W. Va. 496, 266 S.E.2d 114 (1980)(followed)

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