Prior Failed Services and Persistent Denial May Justify Termination Without Further Reunification Efforts Case: In re T.C.-1 and T.C.-2, No. 25-858 Court: Supreme Court of Appeals of West Virginia...
Repeated Defiance of Child-Protection Orders May Render an Improvement Period Futile and Support Termination of Parental Rights Case: In re T.S., No. 25-751 Court: Supreme Court of Appeals of West...
Failure to Acknowledge Neglect and Benefit from Services Supports Denial of an Improvement Period and Termination of Parental Rights Case: In re B.S., G.S., R.S., and S.S. Court: Supreme Court of...
Medical-Care Facts, Not Claim Labels, Trigger the MPLA—and Post-Suit Merit Statements Cannot Cure Pre-Suit Noncompliance Case: Donta Wade v. University Physicians and Surgeons, Inc.; Marshall Health...
In re C.T.: Newly Presented Evidence Permits Amendment, and Failure to Participate in Agreed Services Supports Termination of Parental Rights Court: Supreme Court of Appeals of West Virginia Date:...
Participation Without Meaningful Improvement Does Not Require an Improvement Period or a Less Restrictive Disposition Case: In re B.S., G.S., R.S., and S.S. Court: Supreme Court of Appeals of West...
In re H.V.: Drug-Test Refusal and Positive Results May Establish Threatened Harm and Support Termination Court: Supreme Court of Appeals of West Virginia Case: In re H.V., No. 25-716 Issued:...
Long-Term Kinship Placement Does Not Bar a Neglect Adjudication When a Parent Fails to Address Known Needs Case: In re C.P., J.P., and A.H., No. 25-583 Court: Supreme Court of Appeals of West...
In re S.R.: Parental Unavailability and Speculative Rehabilitation Do Not Defeat Termination Court: Supreme Court of Appeals of West Virginia Date: September 22, 2026 Disposition: Termination of...
A Parent Cannot Avoid Neglect and Abandonment Adjudication by Leaving a Child with a Fit Guardian Case: In re E.M.-1 Court: Supreme Court of Appeals of West Virginia Decision issued: September 22,...
In re B.M.: Ongoing Domestic Violence May Support Abuse Adjudication Even When the Child Is Not Present Supreme Court of Appeals of West Virginia | September 22, 2026 | No. 25-753 Introduction In re...
An Uncompleted Competency Evaluation Does Not Bar a Parent’s Testimony Absent Evidence of Testimonial Incapacity Case: In re P.P., T.S., L.L.-E., and C.T., No. 25-674 Court: Supreme Court of Appeals...
Parental Rights May Be Terminated Without Further Services When a Parent Fails to Participate or Request an Improvement Period in Writing Case: In re K.G., H.G., B.G., R.G., and G.G. Court: Supreme...
Nonmonetary Promises May Supply Consideration and Defeat Dismissal of a Contract Claim Case Paul T. Chastain Jr. v. Bethlehem Farm, Inc. and Eric Fitts Court Supreme Court of Appeals of West Virginia...
Selective Reliance on Testimony Requires Explicit Credibility Findings in OP Hazard-Exposure Decisions 1. Introduction In Joseph Kessler v. West Virginia Paving, Inc., the Supreme Court of Appeals of...
Habeas Orders Must Make Claim-by-Claim Findings: Remand Required to Address “Mercy Deadlock” Illegal-Sentence Challenge to Kidnapping Life-Without-Parole Warren H. v. Jonathan Frame, Superintendent,...
Noncompliance and Continued Domestic Violence Justify Denial of an Improvement Period and Termination Without Less Restrictive Alternatives 1. Introduction In In re A.B. and S.B. (W. Va. Aug. 25,...
Educational Neglect Established When a Parent Refuses Enrolled School Attendance and Fails to Meet West Virginia Home-Instruction Requirements 1. Introduction Case: In re A.G.-1 and A.G.-2 (Supreme...
Post-Termination Limits: No § 49-4-606 Standing After Termination, and Post-Termination Visitation Requires a Timely Motion or Good Cause 1. Introduction In re C.C.-1, C.C.-2, and A.C. is a...
Consistent Child Disclosures and Forensic Testimony as Clear-and-Convincing Proof of Sexual Abuse Supporting Termination Without Less Restrictive Alternatives 1. Introduction Case: In re D.C.,...