In re S.R., J.R., and K.R.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of a mother's parental rights to three children. The court held that the circuit court did not abuse its discretion by denying a continuance and that the mother failed to comply with the terms of her post-adjudicatory improvement period. The court also rejected her claims that the DHHR failed to make reasonable reunification efforts and that termination was improper.

Holdings

1. The circuit court did not abuse its discretion in denying the mother's motion to continue the final dispositional hearing because she had adequate notice and ample time to arrange transportation, had a history of missing hearings and appointments, and notified counsel of the transportation issue only ten minutes before the hearing.
2. Although the DHHR was required to prepare a family case plan after the mother was granted an improvement period, the mother's failure to participate in developing the plan and to complete the required improvement-period conditions did not establish reversible error.
3. The circuit court properly terminated the mother's parental rights because she failed to complete the terms of her improvement period, 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 abused its discretion by denying the mother's motion to continue the final dispositional hearing so that she could appear.
2. Whether the DHHR failed to make reasonable reunification efforts by failing to file a family case plan after the mother was granted an improvement period.
3. Whether the circuit court erred by terminating the mother's parental rights after finding that the conditions of abuse and neglect could not be substantially corrected in the near future.

Disposition

affirmed