In re H.P.: Clarifying Evidentiary Standards for Child Sexual Abuse Adjudications under West Virginia Law Introduction This commentary examines the Supreme Court of Appeals of West Virginia’s...
Failure to Acknowledge Culpability in Child Sexual Abuse Justifies Termination of Parental Rights Introduction This commentary examines the Supreme Court of Appeals of West Virginia’s decision in In...
Admissibility and Primacy of CAC Interviews in West Virginia Abuse & Neglect Proceedings Introduction In In re K.H.-1, Z.H., N.H., C.H. & W.H., the Supreme Court of Appeals of West Virginia addressed...
In re L.T. and I.T.: Suitability Determination as a Prerequisite to Grandparent Home Studies Under W. Va. Code § 49-4-114 Introduction The Supreme Court of Appeals of West Virginia decided In re L.T....
Declination of Certified Question on Public Nuisance from Opioid Distribution Introduction In City of Huntington and Cabell County Commission v. AmerisourceBergen Drug Corporation, the Supreme Court...
Expansion of Public Nuisance Liability to Opioid Distribution Introduction City of Huntington and Cabell County Commission v. AmerisourceBergen Drug Corporation is a certified-question appeal before...
Judicial Restraint and the Necessity of Factual Foundations in Certified Public Nuisance Questions Introduction This commentary examines Justice Walker’s concurring opinion in City of Huntington and...
Failure to Acknowledge Sexual Abuse as Grounds for Termination of Parental Rights Introduction In the matter of In re M.M., H.M., S.M., K.M., and G.M., the Supreme Court of Appeals of West Virginia...
In re L.B.-1 and K.B.: Adjudication on Consistent Disclosures and Denial of Improvement Period for Non-Cooperation Introduction In the Supreme Court of Appeals of West Virginia decision In re L.B.-1...
Kinship Placement vs. Foster Care: Defining Intervention Rights Under West Virginia Law 1. Introduction In the Supreme Court of Appeals of West Virginia’s decision in In re J.W. (No. 24-147, May 6,...
In re P.M.: Necessity of Terminating Parental Rights in Cases of Chronic Parental Absence and Violent Criminal Conduct Introduction In In re P.M. (No. 24-215, W. Va. May 6, 2025), the Supreme Court...
Affirmation of “No Reasonable Likelihood” Standard in Parental Termination Under WV Code §49-4-604(c)(6) Introduction The Supreme Court of Appeals of West Virginia issued a memorandum decision in In...
Substantial Compliance Requirement for Post-Adjudicatory Improvement Period Extensions in Abuse and Neglect Proceedings Introduction In In re C.S., A.B., and G.K., the Supreme Court of Appeals of...
No Reasonable Likelihood, No Less Restrictive Alternative: Affirming Termination of Parental Rights under WV Code §49-4-604(c)(6) Introduction This commentary examines the Supreme Court of West...
Recognition of Parental Denial and Third-Party Abuse as Aggravating Circumstances in Termination Proceedings Introduction In “In re E.V. and J.H.” (No. 24-216, May 6, 2025), the Supreme Court of West...
Mandating Child-Specific Findings in Abuse and Neglect Adjudications: In re A.B., Z.J., J.J.-1, R.J.-1 & J.J.-2 Introduction In the May 6, 2025 memorandum decision of the Supreme Court of Appeals of...
Strict Compliance with Procedural Requirements and Specific Findings in Child Abuse and Neglect Proceedings Introduction In In re E.W., N.W., and R.W., the Supreme Court of Appeals of West Virginia...
Affirming the Substantial Compliance Standard for Post-Adjudicatory Improvement Periods in Parental Rights Termination Introduction This memorandum decision arises from the appeal of Father A.W....
In re E.W., N.W., and R.W.: Jurisdictional Specificity and Rule 32(b) Safeguards in West Virginia Abuse and Neglect Cases I. Introduction In In re E.W., N.W., and R.W., No. 23-689 (W. Va. May 6,...
In re D.B.: Defective Rule 26 Stipulations as Jurisdictional Defects in West Virginia Abuse and Neglect Proceedings I. Introduction The Supreme Court of Appeals of West Virginia’s memorandum decision...