West Virginia Case Commentaries

Expanding “Aggravated Circumstances” and Confirming Broad Admissibility of Forensic Psychological Evaluations in West Virginia Abuse and Neglect Proceedings: Commentary on In re B.P., A.H.-1, and E.H.

Date: Nov 8, 2025

Expanding “Aggravated Circumstances” and Confirming Broad Admissibility of Forensic Psychological Evaluations in West Virginia Abuse and Neglect Proceedings Commentary on In re B.P., A.H.-1, and...

Timely Notice and Hedrick Factors in Bail Bond Forfeiture: Commentary on State v. Wooten

Date: Nov 8, 2025

Timely Notice as a Decisive Hedrick Factor in Bail Bond Forfeiture: Commentary on State of West Virginia v. Larry Glenn Wooten I. Introduction This memorandum decision of the Supreme Court of Appeals...

Knowing Misuse of an IOLTA Account and Dishonesty to Disciplinary Counsel Warrant Public Reprimand Even Absent Client Harm: Commentary on Lawyer Disciplinary Board v. Hylton

Date: Nov 6, 2025

Knowing Misuse of an IOLTA Account and Dishonesty to Disciplinary Counsel Warrant Public Reprimand Even Absent Client Harm: Commentary on Lawyer Disciplinary Board v. Hylton I. Introduction The...

Safeguarding Client Funds and Calibrating Sanctions for Single-Matter Misconduct: Commentary on Lawyer Disciplinary Board v. Evans, III

Date: Nov 6, 2025

Safeguarding Client Funds and Calibrating Sanctions for Single-Matter Misconduct: Commentary on Lawyer Disciplinary Board v. Thomas H. Evans, III Supreme Court of Appeals of West Virginia, Memorandum...

Reaffirming the Prohibition on “Back‑Door” Adjudications and the Requirement of Statutory Findings in Termination of Parental Rights: Commentary on In re P.M. and A.M.

Date: Nov 6, 2025

Reaffirming the Prohibition on “Back‑Door” Adjudications and the Requirement of Statutory Findings in Termination of Parental Rights: Commentary on In re P.M. and A.M. (W. Va. Nov. 5, 2025) I....

Adjudication Before Modification: In re P.K. and the Limits of “Material Change of Circumstances” in West Virginia Abuse and Neglect Law

Date: Nov 6, 2025

Adjudication Before Modification: In re P.K. and the Limits of “Material Change of Circumstances” in West Virginia Abuse and Neglect Law I. Introduction The Supreme Court of Appeals of West...

Strict Enforcement of the Written Motion Requirement and the Role of Parental Denial in Abuse and Neglect Dispositions: Commentary on In re T.G., J.R., and R.G.

Date: Nov 5, 2025

Strict Enforcement of the Written Motion Requirement and the Role of Parental Denial in Abuse and Neglect Dispositions: Commentary on In re T.G., J.R., and R.G. I. Introduction The Supreme Court of...

Substantial Compliance and Denial of Improvement Period Extensions in West Virginia Abuse and Neglect Law: Commentary on In re S.D.-1 and S.D.-2

Date: Nov 5, 2025

Substantial Compliance and Denial of Improvement Period Extensions in West Virginia Abuse and Neglect Law: Commentary on In re S.D.-1 and S.D.-2 I. Introduction The Supreme Court of Appeals of West...

Appellate Deference and Post‑Termination Visitation: Commentary on In re N.D., T.D., and S.D. (W. Va. 2025)

Date: Nov 5, 2025

Appellate Deference and Post‑Termination Visitation: Commentary on In re N.D., T.D., and S.D. (W. Va. 2025) Introduction The memorandum decision in In re N.D., T.D., and S.D., No. 24‑713 (W. Va. Nov....

Implicit “No Reasonable Likelihood” Findings and Refusal to Acknowledge Substance Abuse in Termination of Parental Rights: Commentary on In re J.P. (W. Va. 2025)

Date: Nov 5, 2025

Implicit “No Reasonable Likelihood” Findings and Refusal to Acknowledge Substance Abuse in Termination of Parental Rights: Commentary on In re J.P. (W. Va. 2025) I. Introduction The Supreme Court of...

In re M.W.: Severe Child Trauma, Limits on Reunification Efforts, and Termination of Parental Rights Despite Parental Rehabilitation

Date: Nov 5, 2025

In re M.W.: Severe Child Trauma, Limits on Reunification Efforts, and Termination of Parental Rights Despite Parental Rehabilitation I. Introduction The Supreme Court of Appeals of West Virginia’s...

“Jumping Through Hoops” Is Not Enough: Acknowledgment of Abuse as a Prerequisite to Improvement Periods and the Termination of Custodial Rights in West Virginia – Commentary on In re E.A., C.A., and M.A.

Date: Nov 5, 2025

“Jumping Through Hoops” Is Not Enough: Acknowledgment of Abuse as a Prerequisite to Improvement Periods and the Termination of Custodial Rights in West Virginia Introduction The Supreme Court of...

Denial, Noncompliance, and Prior Terminations as Grounds for Immediate Termination of Parental Rights: Commentary on In re J.O.

Date: Nov 5, 2025

Denial, Noncompliance, and Prior Terminations as Grounds for Immediate Termination of Parental Rights: Commentary on In re J.O. I. Introduction The Supreme Court of Appeals of West Virginia’s...

In re G.M.: Reaffirming Discretion to Deny Improvement Periods and Terminate One Parent’s Rights Independently of the Other Parent

Date: Nov 5, 2025

In re G.M.: Reaffirming Discretion to Deny Improvement Periods and Terminate One Parent’s Rights Independently of the Other Parent I. Introduction The Supreme Court of Appeals of West Virginia’s...

Reaffirming the Sexual-Abuse Exception to Reasonable Efforts and the Strict Standard for Extending Improvement Periods: Commentary on In re C.N.

Date: Nov 5, 2025

Reaffirming the Sexual-Abuse Exception to Reasonable Efforts and the Strict Standard for Extending Improvement Periods: Commentary on In re C.N. I. Introduction This commentary analyzes the Supreme...

MDT Noncompliance as Harmless Error and the Scope of “Reasonable Efforts” in Termination of Parental Rights: Commentary on In re J.B. and A.B.

Date: Nov 5, 2025

MDT Noncompliance as Harmless Error and the Scope of “Reasonable Efforts” in Termination of Parental Rights: Commentary on In re J.B. and A.B. I. Introduction The Supreme Court of Appeals of West...

In re C.W.: Reaffirming Parental Preference and Limiting Grandparent Visitation After Abuse-and-Neglect Reunification

Date: Nov 5, 2025

In re C.W.: Reaffirming Parental Preference and Limiting Grandparent Visitation After Abuse-and-Neglect Reunification I. Introduction The West Virginia Supreme Court of Appeals’ memorandum decision...

Credible Child Sexual Abuse Disclosures, Parental Non‑Acknowledgment, and Termination of Parental Rights: Commentary on In re W.W. and L.W.

Date: Nov 5, 2025

Credible Child Sexual Abuse Disclosures, Parental Non‑Acknowledgment, and Termination of Parental Rights: Commentary on In re W.W. and L.W. 1. Introduction The Supreme Court of Appeals of West...

In re H.F.: Failure to Complete Inpatient Treatment and Provide Corroboration as Grounds for Termination of Parental Rights in West Virginia

Date: Nov 5, 2025

In re H.F.: Failure to Complete Inpatient Treatment and Provide Corroboration as Grounds for Termination of Parental Rights in West Virginia I. Introduction The Supreme Court of Appeals of West...

Denial of Improvement Periods Where Parents “Go Through the Motions” Without Accepting Responsibility: Commentary on In re T.G., J.R., and R.G.

Date: Nov 5, 2025

Denial of Improvement Periods Where Parents “Go Through the Motions” Without Accepting Responsibility: Commentary on In re T.G., J.R., and R.G. I. Introduction This memorandum decision of the Supreme...