In re S.W.: Termination for Noncompliance with the Family Case Plan and Best-Interests Limits on Post-Termination Visitation 1. Introduction In In re S.W., No. 25-108 (W. Va. Jan. 29, 2026)...
In re A.T.: Intensive “Billy Joe M.” Services Are Not Required for Mental-Health-Based Neglect Absent a True Intellectual Incapacity 1. Introduction In re A.T. (No. 25-128) is a West Virginia...
In re C.S.-1: Termination Without Less Restrictive Alternatives When No Reasonable Likelihood of Correction—and No Improvement Period Without a Written Motion 1. Introduction Case: In re C.S.-1, No....
Specific Child-Harm Findings May Be Shown by Record Recitation and Written Findings; Post-Termination Visitation Requires Proof of No Detriment 1. Introduction In re E.M.-1, E.M.-2, E.M.-3, L.M.-1,...
In re J.C.: Prior Services and Rapid Recurrence of Harm Justify Denial of Post-Adjudicatory Improvement Period and Termination Without Less-Restrictive Alternatives 1. Introduction In In re J.C. (No....
Noncompliance with Drug Screening Warrants Denial of a Post-Adjudicatory Improvement Period and Supports Termination Under West Virginia’s “No Reasonable Likelihood” Standard 1. Introduction Case: In...
Denial of Post-Adjudicatory Improvement Period and Affirmance of Termination Where Parent Continues Substance Use, Reunites with Abuser, and Lacks Credible Account of Child’s Non-Accidental Injuries...
In re N.T.: Notice-of-Pregnancy Abandonment as an Aggravated Circumstance Eliminating DHS Reasonable-Efforts Duties 1. Introduction Case: In re N.T. (consolidated appeals Nos. 24-729 and 25-239),...
Coaching Children to Make False Abuse Allegations Is Actionable Psychological Abuse—and Denial Makes an Improvement Period Futile (In re R.H.-M. and A.H.-M.) I. Introduction In In re R.H.-M. and...
Rule 35(b) Reaffirmed as Discretionary Leniency: Rehabilitation Evidence Need Not Compel Sentence Reduction Introduction In State of West Virginia v. Jessie Davis (W. Va. Jan. 13, 2026) (memorandum...
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 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. 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. 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. 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 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., 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. Note:...
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. I. Introduction This memorandum decision of...