Reaffirmation: Parent’s Nonappearance and Noncompliance Defeat Improvement Period; Termination Proper Absent Reasonable Likelihood of Correction Introduction In In re J.H., J.M., T.K., and R.K., No....
Reaffirming Rule 5: No Continuances for Pending Criminal Matters and No Improvement Period Without Acknowledgment of Neglect — In re N.S. (W. Va. 2025) Introduction In a memorandum decision issued on...
Guardianship Is No Shield: West Virginia Affirms Abuse/Neglect Jurisdiction Over Noncustodial Parents and Upholds Voluntary Relinquishments Absent Duress or Fraud Introduction This commentary...
No Intensive-Services Duty Absent Intellectual Incapacity: Failure to Comply with Improvement Period and Continued Exposure to Known Sex Offenders Justifies Termination Without Lesser Alternatives...
Past Services Count: West Virginia High Court Clarifies “Reasonable Efforts” and Upholds Trial Court Discretion on Post‑Termination Visitation in In re D.G. and L.G. Introduction In a memorandum...
Prior Success Does Not Guarantee Another Chance: Rapid Recurrence and Non-Acknowledgment Justify Denial of a New Improvement Period and Termination Case: In re R.D., P.D., and L.M., No. 24-593...
No Maranda T. Enhanced-Efforts Duty Where Parent Is Cognitively Competent; Noncompliance with an Improvement Period and Exposure to Sex Offenders Support Termination Without Less Restrictive...
Actual Notice Cures Rule 10 Witness-List Omission Absent Prejudice: In re T.F., F.F., and C.F. Introduction In a memorandum decision, the Supreme Court of Appeals of West Virginia affirmed the...
Continued Relationship with a Co‑Abusive Partner Can Defeat an Improvement Period and Support Termination Despite Service Compliance Introduction In In re I.R. and E.B., No. 24-496 (W. Va. Sept. 30,...
Reasonable Efforts in Repeat Abuse-Neglect Cases: Prior Services and Targeted Evaluations Can Satisfy DHS’s Obligation When Recurrence Shows Futility — In re D.G. and L.G. (W. Va. 2025) Introduction...
Strict Enforcement of the Fifteen-of-Twenty-Two-Month Foster Care Cap Absent Clear and Convincing Compelling Circumstances: In re B.S. (W. Va. 2025) Introduction In In re B.S., No. 24-732 (W. Va....
Reaffirming the Rule 8 Presumption and Evidentiary Limits in Abuse–Neglect Adjudications: No Due Process Right to Confront Child Victims; Rape Shield and Discovery Constraints Clarified Introduction...
Rule 5 Forbids Continuances for Pending Criminal Bond Proceedings; Acknowledgment of Neglect Is Prerequisite to Improvement Period — Commentary on In re N.S. (W. Va. 2025) Introduction In a...
Refusal to Engage in Reunification Services and Violations of Court Orders Permit Termination Without Less-Restrictive Alternatives and Justify Denial of Post‑Termination Visitation Introduction This...
In re B.N.: Continued-Association Visitation May Be Ordered Without a Grandparent Visitation Act Motion; Non‑Intervenor Grandparents Cannot Challenge Reunification Introduction In In re B.N., No....
Actual Notice Can Cure Rule 10 Witness-Disclosure Defects; Harmless Error Supports Termination in Abuse-and-Neglect Dispositions—In re T.F., F.F., and C.F. Introduction In a memorandum decision...
Rapid Recidivism After Case Dismissal as Evidence of “No Reasonable Likelihood” — Denial of Improvement Period and Termination Without Less Restrictive Alternatives Commentary on In re R.D., P.D.,...
Oral Requests Are Not Enough: West Virginia Reaffirms Written-Motion Requirement for Additional Improvement Periods and Permits Direct Termination When No Reasonable Likelihood of Correction (In re...
Credibility of Oral Modified‑Duty Offers Controls TTD Termination: West Virginia’s High Court Reaffirms Deference to the Board of Review Under § 23‑4‑7a(e) Introduction In Dainel Nicole Smith v. West...
Credibility Over Formality: Verbal Light‑Duty Offers Do Not Automatically Terminate TTD; Deference to the Board of Review Controls under § 23‑4‑7a(e) Introduction In Dainel Nicole Smith v. West...