West Virginia Case Commentaries

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...

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...

Judicial Duty to Decide and Structure Post‑Termination Visitation in West Virginia Abuse and Neglect Cases: Commentary on In re D.D.-1, D.D.-2, D.D.-3, D.D.-4, and D.K.

Date: Nov 5, 2025

Judicial Duty to Decide and Structure Post‑Termination Visitation in West Virginia Abuse and Neglect Cases Commentary on In re D.D.-1, D.D.-2, D.D.-3, D.D.-4, and D.K., No. 24-584 (W. Va. Nov. 4,...

Reaffirming Termination as the Sole Disposition When Improvement Efforts Fail and Contact with an Abuser Continues: Commentary on In re N.D., T.D., and S.D.

Date: Nov 5, 2025

Reaffirming Termination as the Sole Disposition When Improvement Efforts Fail and Contact with an Abuser Continues: Commentary on In re N.D., T.D., and S.D. I. Introduction The Supreme Court of...

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...

Hair Follicle Drug Testing, Improvement Period Compliance, and Termination of Parental Rights in West Virginia: Commentary on In re S.D.-1 and S.D.-2

Date: Nov 5, 2025

Hair Follicle Drug Testing, Improvement Period Compliance, and Termination of Parental Rights in West Virginia: Commentary on In re S.D.-1 and S.D.-2 I. Introduction The memorandum decision of the...

Noncompliance with Improvement Period and Visitation as Evidence of No Reasonable Likelihood of Correction: Commentary on In re J.B. and A.B.

Date: Nov 5, 2025

Noncompliance with Improvement Period and Visitation as Evidence of No Reasonable Likelihood of Correction: Commentary on In re J.B. and A.B. I. Introduction The Supreme Court of Appeals of West...

In re Z.S.: Termination of Parental Rights and Denial of Post-Termination Visitation for Noncompliance and Lack of Emotional Bond

Date: Nov 5, 2025

In re Z.S.: Termination of Parental Rights and Denial of Post-Termination Visitation for Noncompliance and Lack of Emotional Bond I. Introduction The memorandum decision in In re Z.S., No. 24-655 (W....

Calculating Post‑Revocation Supervised Release Under W. Va. Code § 62‑12‑26(j): Commentary on State v. Brautigam

Date: Nov 5, 2025

Calculating Post‑Revocation Supervised Release Under W. Va. Code § 62‑12‑26(j): Commentary on State v. Brautigam I. Introduction The Supreme Court of Appeals of West Virginia’s decision in State of...

Reaffirming Strict Standards for Improvement Periods and Termination Despite a Fit Co‑Parent: Commentary on In re B.B. (W. Va. 2025)

Date: Nov 5, 2025

Reaffirming Strict Standards for Improvement Periods and Termination Despite a Fit Co‑Parent: Commentary on In re B.B. (W. Va. 2025) I. Introduction The Supreme Court of Appeals of West Virginia’s...

Failure to File a Family Case Plan as Non‑Structural Error and the Centrality of Parental Acknowledgment in Abuse‑and‑Neglect Dispositions: Commentary on In re K.F., W.W., and P.W.

Date: Nov 5, 2025

Failure to File a Family Case Plan as Non‑Structural Error and the Centrality of Parental Acknowledgment in Abuse‑and‑Neglect Dispositions: Commentary on In re K.F., W.W., and P.W. I. Introduction...

In re K.B.: Noncustodial Parent’s Prolonged Non‑Contact and Non‑Support as Neglect under West Virginia Law

Date: Nov 5, 2025

In re K.B.: Noncustodial Parent’s Prolonged Non‑Contact and Non‑Support as Neglect under West Virginia Law I. Introduction In In re K.B., No. 24-627 (Nov. 4, 2025), the Supreme Court of Appeals of...

Specific Findings and Statutorily Adequate Pleadings in West Virginia Child Abuse and Neglect Cases: Commentary on In re L.G., A.G.-1, M.G., and N.G.

Date: Nov 5, 2025

Specific Findings and Statutorily Adequate Pleadings in West Virginia Child Abuse and Neglect Cases: Commentary on In re L.G., A.G.-1, M.G., and N.G. I. Introduction The Supreme Court of Appeals of...

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