In re G.P. III, J.P., and V.M.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner mother's parental rights to three children based on her noncompliance with court-ordered services, substance abuse, lack of stable housing and employment, and failure to demonstrate likely participation in an improvement period. The court held that the circuit court did not err in denying an improvement period or determining that termination was necessary and that no less-restrictive alternative was appropriate. Two justices dissented, concluding that the circuit court's failure to enter a written adjudicatory order before disposition required vacatur and remand.

Holdings

1. The circuit court did not err in denying petitioner an improvement period because she failed to demonstrate that she was likely to fully participate in it.
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 children's welfare.

Questions Presented

1. Whether the circuit court erred by denying petitioner a post-adjudicatory improvement period.
2. Whether the circuit court erred by terminating petitioner's parental rights when petitioner claimed that legal guardianships or another less-restrictive alternative was available.

Disposition

affirmed