In re R.W., H.S., and A.L.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner mother H.L.’s parental rights to R.W., H.S., and A.L. The court held that the circuit court did not abuse its discretion in denying an improvement period because petitioner failed to acknowledge the abuse and neglect conditions, inconsistently participated in services, and continued to test positive for drugs. The court also held that termination was permissible despite the availability of placement with relatives or nonabusing parents because there was no reasonable likelihood that the conditions could be substantially corrected.

Holdings

1. The circuit court did not abuse its discretion in denying an improvement period because petitioner failed to demonstrate by clear and convincing evidence that she was likely to fully participate in it.
2. Termination of petitioner's parental rights was permissible without an intervening less restrictive alternative because the circuit court found no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future.
3. The circuit court's findings were supported by substantial evidence and were not clearly erroneous, and termination of petitioner's parental rights was proper.

Questions Presented

1. Whether the circuit court erred by denying petitioner an improvement period.
2. Whether termination of petitioner's parental rights was improper because less restrictive alternatives, including placement with relatives or the children's fathers, were available.
3. Whether the circuit court's findings supported termination of parental rights.

Disposition

affirmed