In re M.P.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of petitioner mother D.H.’s parental rights to M.P. The court held that she was not entitled to a post-dispositional improvement period because she did not demonstrate that she requested one or satisfy the applicable statutory burden, including showing a substantial change in circumstances. The court also upheld the finding that there was no reasonable likelihood that the conditions of abuse and neglect would be corrected in the near future.

Holdings

1. The circuit court did not err in denying a post-dispositional improvement period because petitioner failed to show that she properly requested one and, independently, failed to satisfy the statutory burden of demonstrating a substantial change in circumstances and a likelihood of full participation.
2. The circuit court did not err in terminating petitioner's parental rights because the evidence supported findings that there was 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 child's welfare.

Questions Presented

1. Whether the circuit court erred by terminating petitioner's parental rights without first granting her a post-dispositional improvement period.
2. Whether the circuit court erred in finding that there was no reasonable likelihood that petitioner could substantially correct the conditions of abuse and neglect in the near future and that termination was necessary for the child's welfare.

Disposition

affirmed