West Virginia Case Commentaries

Statutory Abandonment and Termination Without Less Restrictive Alternatives in West Virginia Abuse and Neglect Law: Commentary on In re A.W. and J.W.

Date: Nov 30, 2025

Statutory Abandonment and Termination Without Less Restrictive Alternatives in West Virginia Abuse and Neglect Law: Commentary on In re A.W. and J.W. 1. Introduction This commentary analyzes the...

In re N.S.: Strict Enforcement of Written Motions for Improvement Periods, GAL Reporting, and Termination Without Identified Placement

Date: Nov 30, 2025

In re N.S.: Strict Enforcement of Written Motions for Improvement Periods, GAL Reporting, and Termination Without Identified Placement This commentary analyzes the Supreme Court of Appeals of West...

Acknowledgment of Abuse, Repeated DHS Involvement, and the Futility of Improvement Periods: Commentary on In re C.F. and I.F.

Date: Nov 30, 2025

Acknowledgment of Abuse, Repeated DHS Involvement, and the Futility of Improvement Periods: Commentary on In re C.F. and I.F. I. Introduction This commentary examines the Supreme Court of Appeals of...

Failure of a Legal Guardian to Acknowledge Neglect and Obey Visitation Restrictions Justifies Denial of an Improvement Period and Termination of Guardianship: Commentary on In re B.W. and N.W.

Date: Nov 30, 2025

Failure of a Legal Guardian to Acknowledge Neglect and Obey Visitation Restrictions Justifies Denial of an Improvement Period and Termination of Guardianship: Commentary on In re B.W. and N.W. I....

“Meaningful Change, Not Mere Compliance”: Termination of Parental Rights After Recurring Domestic Violence and Failed Improvement Efforts in In re C.F. and I.F.

Date: Nov 30, 2025

“Meaningful Change, Not Mere Compliance”: Termination of Parental Rights After Recurring Domestic Violence and Failed Improvement Efforts in In re C.F. and I.F. I. Introduction The Supreme Court of...

Presumption of Municipal Territorial Jurisdiction and the Appellant’s Burden on De Novo Appeals: Commentary on State of West Virginia & Municipality of Milton v. Gravely

Date: Nov 30, 2025

Presumption of Municipal Territorial Jurisdiction and the Appellant’s Burden on De Novo Appeals: Commentary on State of West Virginia & Municipality of Milton v. Gravely I. Introduction This...

No Deferral and No “Non‑Adjudication”: Reopened Adjudication and Amended Petitions in West Virginia Child Abuse and Neglect Proceedings – Commentary on In re W.B., et al.

Date: Nov 30, 2025

No Deferral and No “Non‑Adjudication”: Reopened Adjudication and Amended Petitions in West Virginia Child Abuse and Neglect Proceedings – Commentary on In re W.B., A.B.-1, L.B.-1, E.B., L.B.-2, and...

Reaffirming Termination of Custodial Rights for Noncompliance with Improvement Periods in West Virginia Abuse and Neglect Proceedings: Commentary on In re N.M., B.M., C.M., P.M., A.H., and Z.H.

Date: Nov 30, 2025

Reaffirming Termination of Custodial Rights for Noncompliance with Improvement Periods in West Virginia Abuse and Neglect Proceedings: Commentary on In re N.M., B.M., C.M., P.M., A.H., and Z.H. Note:...

Nonparticipation in Reunification Services as Grounds for Direct Termination of Parental Rights: Commentary on In re T.W. and J.M.-1

Date: Nov 30, 2025

Nonparticipation in Reunification Services as Grounds for Direct Termination of Parental Rights: Commentary on In re T.W. and J.M.-1 I. Introduction The Supreme Court of Appeals of West Virginia’s...

Failure to Acknowledge Neglect as a Bar to Improvement Periods and a Basis for Termination of Custodial Rights: Commentary on In re D.H., A.H., and G.W.

Date: Nov 30, 2025

Failure to Acknowledge Neglect as a Bar to Improvement Periods and a Basis for Termination of Custodial Rights: Commentary on In re D.H., A.H., and G.W. I. Introduction This memorandum decision of...

Judicial Discretion over Improvement Periods and Post‑Termination Contact in West Virginia Abuse and Neglect Cases: Commentary on In re N.M., B.M., C.M., P.M., A.H., and Z.H.

Date: Nov 30, 2025

Judicial Discretion over Improvement Periods and Post‑Termination Contact in West Virginia Abuse and Neglect Cases: Commentary on In re N.M., B.M., C.M., P.M., A.H., and Z.H. I. Introduction This...

Voluntary Parental Disappearance as Statutory Neglect: Commentary on In re A.A.-1 and E.A. (W. Va. 2025)

Date: Nov 30, 2025

Voluntary Parental Disappearance as Statutory Neglect: Commentary on In re A.A.-1 and E.A. (Supreme Court of Appeals of West Virginia, 2025) I. Introduction The memorandum decision in In re A.A.-1...

In re M.V.: ADA Accommodations, Parental Rights, and the Requirement to Acknowledge Child Sexual Abuse

Date: Nov 30, 2025

In re M.V.: ADA Accommodations, Parental Rights, and the Requirement to Acknowledge Child Sexual Abuse I. Introduction The Supreme Court of Appeals of West Virginia’s memorandum decision in In re...

Discretion Over Stipulated Adjudications and Mental‑Health–Based Abuse Findings Without Formal Diagnosis: Commentary on In re A.E. and L.J.

Date: Nov 30, 2025

Discretion Over Stipulated Adjudications and Mental‑Health–Based Abuse Findings Without Formal Diagnosis: Commentary on In re A.E. and L.J. I. Introduction The Supreme Court of Appeals of West...

Reaffirming Termination Standards and Mandating Explicit Sibling-Visitation Rulings: Commentary on In re K.H. and Q.H.

Date: Nov 30, 2025

Reaffirming Termination Standards and Mandating Explicit Sibling‑Visitation Rulings: Commentary on In re K.H. and Q.H. (W. Va. Nov. 25, 2025) I. Introduction The Supreme Court of Appeals of West...

Implied Coal Owner Rights to Require Plugging of Overlying Gas Wells and Preliminary Injunction Standards in West Virginia: Commentary on Wendt v. West Virginia Land Resources, Inc.

Date: Nov 30, 2025

Implied Coal Owner Rights to Require Plugging of Overlying Gas Wells and Preliminary Injunction Standards in West Virginia Commentary on L. Allen Wendt and Carolyn Wendt v. West Virginia Land...

Reaffirming Jurisdiction and the Acknowledgment Requirement in Abuse and Neglect Cases Involving Adoptive Parents: Commentary on In re T.P., S.P., M.P., E.P., and A.P.-1

Date: Nov 30, 2025

Reaffirming Jurisdiction and the Acknowledgment Requirement in Abuse and Neglect Cases Involving Adoptive Parents: Commentary on In re T.P., S.P., M.P., E.P., and A.P.-1 1. Introduction This...

Wiley v. Haynes: Ambiguous Construction Contracts, Parol Evidence, and Cost-to-Repair Damages in West Virginia

Date: Nov 30, 2025

Wiley v. Haynes: Ambiguous Construction Contracts, Parol Evidence, and Cost-to-Repair Damages in West Virginia I. Introduction The Supreme Court of Appeals of West Virginia’s memorandum decision in...

Requiring a Specific Proffer of Foregone Testimony to Prove Prejudice in Ineffective Assistance Claims: Commentary on Morgan C. Vandergriff v. Searls

Date: Nov 30, 2025

Requiring a Specific Proffer of Foregone Testimony to Prove Prejudice in Ineffective Assistance Claims: Commentary on Morgan C. Vandergriff v. Shelby Searls I. Introduction This memorandum decision...

State v. Jarrell: Reaffirming West Virginia Courts’ Authority to Impose Extended Probation Terms for Misdemeanors

Date: Nov 30, 2025

State v. Jarrell: Reaffirming West Virginia Courts’ Authority to Impose Extended Probation Terms for Misdemeanors I. Introduction In State of West Virginia v. Jason Colt Jarrell, No. 23-582 (Nov. 25,...