In re B.M. and M.M.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner mother N.H.’s parental rights to B.M. and M.M. The court held that she failed to acknowledge her substance-abuse problem, pursue treatment, or establish a suitable home, supporting the denial of an improvement period and termination under West Virginia law. The court also reminded the circuit court of its obligations concerning permanent placement and periodic review.

Holdings

1. A parent in an abuse and neglect proceeding is not unconditionally entitled to an improvement period; the parent must demonstrate by clear and convincing evidence that the parent is likely to fully participate, and the circuit court may deny the request when improvement is unlikely.
2. Termination of parental rights was proper because the evidence established no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and that termination was necessary for the children's welfare.
3. The circuit court may terminate parental rights without first employing less restrictive alternatives when there is no reasonable likelihood that the conditions of abuse or neglect can be substantially corrected.

Questions Presented

1. Whether the circuit court clearly erred in finding no reasonable likelihood that petitioner could substantially correct the conditions of abuse and neglect in the near future.
2. Whether the circuit court erred in denying petitioner an improvement period.
3. Whether the circuit court erred by terminating petitioner's parental rights without first imposing a less restrictive alternative.

Disposition

affirmed