Incarceration-Based Neglect and No Preclusion from Prior Adoption Litigation in West Virginia Abuse-and-Neglect Proceedings 1. Introduction In re J.C. (W. Va. Sup. Ct. App. Aug. 25, 2026) is a...
Termination Without Improvement Period Where Intellectual-Incapacity Deficits Are Uncorrectable; DHS Not Required to Provide Live-In Assistance 1. Introduction Case: In re J.D., No. 25-457 (W. Va....
Second Post-Adjudicatory Improvement Periods Require Proof of a Substantial Change in Circumstances Under W. Va. Code § 49-4-610(2)(D) Case: In re J.S.-1, No. 25-494 (W. Va. Aug. 25, 2026)...
In re L.T.: Adjudication Turns on Findings that the Child Is Abused/Neglected; Dispositional Orders Need Not Track Statutory Wording if Required Conclusions Are Reached Introduction In In re L.T....
In re N.M.: Case-Plan Delay Is Not Reversible Without Prejudice Where Abuse/Neglect Is Untreatable, and Unobjected Hearsay Is Waived on Appeal 1. Introduction In In re N.M. (W. Va. Aug. 25, 2026)...
Lipscomb v. Hagedorn: Enforcing Contractual Attorney-Fee Clauses in Incorporated Separation Agreements 1. Introduction In Jimmy Lipscomb v. Pamela Hagedorn (W. Va. Aug. 25, 2026), the Supreme Court...
Civil Contempt for Property Return Requires Proof of Present Noncompliance with the Final Decree—No Contempt for Items Not Found in the Party’s Possession 1. Introduction In Marilyn Fay Minor v....
Absent Bad Faith, a Circuit Court Must Grant the State’s Rule 48(a) Motion to Dismiss When the Defendant Consents 1. Introduction In State of West Virginia ex rel. Dalton Ours v. The State of West...
Mandamus to Require Statutory Findings Before Granting Post-Adjudicatory Improvement Periods Introduction In State of West Virginia ex rel. H.C., P.C., M.C., Z.C. and West Virginia Department of...
Plea-Colloquy Deference: When a Defendant’s Sworn Admissions Defeat a Pre-Sentencing Motion to Withdraw Guilty Pleas Under Rule 32(e) 1. Introduction In State of West Virginia v. Edward Dore Beckett...
Post-Termination Visitation Requires Best-Interests Findings Under Amended Rule 15(b)(2)(A), and Case-Plan “Compliance” Does Not Bar Termination Absent Real Parenting Change 1. Introduction Case: In...
Confidentiality in Abuse-and-Neglect Cases Authorizes Limits on Public Disclosures; Disposition Is Not a Vehicle to Relitigate Adjudication (In re M.M.-1) Introduction In In re M.M.-1 (W. Va. July...
Separation from an Abuser Alone Does Not Substantially Correct “Failure-to-Protect” Conditions Warranting Termination Case: In re J.H., No. 25-545 (W. Va. Sup. Ct. App. July 28, 2026) (memorandum...
Abandonment as Aggravated Circumstance: Discretionary Denial of Improvement Period and Excusal of DHS Reunification Efforts Case: In re D.C., No. 25-718 (W. Va. Sup. Ct. App. July 28, 2026)...
Missed Special-Needs Medical Care and Supervision Lapses as Neglect—and Termination—Despite Partial Improvement-Period Compliance Introduction In re B.H. and R.H. (W. Va. Sup. Ct. App. July 28, 2026)...
Improvement Periods May Be Denied When Untreated Psychosis Makes Participation Unlikely; DHS Not Required to Pursue Involuntary Commitment 1. Introduction In In re D.C. (No. 25-714), Petitioner...
No-Contact Order Violations and Unacknowledged Domestic Violence Justify Denial of Improvement Period and Termination of Parental Rights 1. Introduction In In re B.M.-1 and O.M., the Supreme Court of...
In re J.M.: No Improvement Period—and Termination Upheld—When Ongoing Drug Use, No Visitation, and Incarceration Make Timely Correction Unlikely 1. Introduction Case: In re J.M., No. 25-595 (W. Va....
Post-Termination Visitation Requires a Best-Interests Finding Under Amended Rule 15(b)(2)(A) and May Consider Younger Children’s Matured Wishes 1. Introduction In re W.L., K.L., and G.L. (W. Va. Sup....
Case-Plan “Compliance” Is Not Enough: Termination Affirmed Where Parent Cannot Safely Supervise and Meet Medically Fragile Children’s Extraordinary Needs 1. Introduction In re B.H. and R.H. is a...