West Virginia Case Commentaries

Reaffirming West Virginia’s 50-50 Custody Presumption: Trial Courts Must Apply § 48-9-102a, Analyze § 48-9-209(f) Factors, Enter Written Findings, and Maximize Parenting Time

Date: Oct 1, 2025

Reaffirming West Virginia’s 50-50 Custody Presumption: Trial Courts Must Apply § 48-9-102a, Analyze § 48-9-209(f) Factors, Enter Written Findings, and Maximize Parenting Time Case: In re R.L., No....

Reaffirming the Rule 8(a) Presumption and Tightening Limits on Child Confrontation, Discovery, and Sexual-History Evidence in Abuse-and-Neglect Adjudications

Date: Oct 1, 2025

Reaffirming the Rule 8(a) Presumption and Tightening Limits on Child Confrontation, Discovery, and Sexual-History Evidence in Abuse-and-Neglect Adjudications Introduction In re L.H.-1, B.H., L.H.-2,...

Improvement Period May Be Denied When a Parent’s Promise to a Critical No‑Contact Condition Lacks Credibility, Even Amid Services Compliance

Date: Oct 1, 2025

Improvement Period May Be Denied When a Parent’s Promise to a Critical No‑Contact Condition Lacks Credibility, Even Amid Services Compliance Introduction In In re I.R. and E.B., No. 24-496 (W. Va....

Reasonable Efforts May Be Satisfied by Prior and Ongoing Services; Trial Court Credibility Findings Govern Post‑Termination Visitation (In re D.G. and L.G.)

Date: Oct 1, 2025

Reasonable Efforts May Be Satisfied by Prior and Ongoing Services; Trial Court Credibility Findings Govern Post‑Termination Visitation Commentary on In re D.G. and L.G., No. 24-595 (W. Va. Sept. 30,...

Consent to Legal Guardianship Does Not Limit Court’s Authority to Terminate Parental Rights When No Reasonable Likelihood of Correction Exists

Date: Oct 1, 2025

Consent to Legal Guardianship Does Not Limit Court’s Authority to Terminate Parental Rights When No Reasonable Likelihood of Correction Exists Introduction In a memorandum decision issued on...

Reasonable Efforts Clarified: Prior-Case Services and Futility Can Satisfy DHS’s Reunification Duty in Recidivist Neglect Cases

Date: Oct 1, 2025

Reasonable Efforts Clarified: Prior-Case Services and Futility Can Satisfy DHS’s Reunification Duty in Recidivist Neglect Cases Introduction In re D.G. and L.G., No. 24-620 (W. Va. Sept. 30, 2025),...

In re B.S.: The 15/22-Month Permanency Cap Meaningfully Limits Improvement-Period Extensions; Near-Completion of Treatment Is Not a “Compelling Circumstance”

Date: Oct 1, 2025

In re B.S.: The 15/22-Month Permanency Cap Meaningfully Limits Improvement-Period Extensions; Near-Completion of Treatment Is Not a “Compelling Circumstance” Introduction In this memorandum decision,...

In re B.N.: Delineated, Best‑Interest Visitation for Relative Caregivers Without a Grandparent Visitation Act Motion—and Strict Standing Limits for Non‑Intervenor Grandparents

Date: Oct 1, 2025

In re B.N.: Delineated, Best‑Interest Visitation for Relative Caregivers Without a Grandparent Visitation Act Motion—and Strict Standing Limits for Non‑Intervenor Grandparents Introduction The...

Temporary Guardianship Does Not Defeat Abuse-and-Neglect Jurisdiction; Voluntary Relinquishment Bars Case-Plan Attacks — Commentary on In re A.F. and K.F. (W. Va. Sept. 30, 2025)

Date: Oct 1, 2025

Temporary Guardianship Does Not Defeat Abuse-and-Neglect Jurisdiction; Voluntary Relinquishment Bars Case-Plan Attacks — Commentary on In re A.F. and K.F. (W. Va. Sept. 30, 2025) Introduction This...

Termination Without Less Restrictive Alternatives and a Rigorous “Substantial Change” Threshold for Post‑Dispositional Improvement Periods: Commentary on In re A.F. and H.J.

Date: Oct 1, 2025

Termination Without Less Restrictive Alternatives and a Rigorous “Substantial Change” Threshold for Post‑Dispositional Improvement Periods: Commentary on In re A.F. and H.J. Introduction This...

Reaffirmation: Parent’s Nonappearance and Noncompliance Defeat Improvement Period; Termination Proper Absent Reasonable Likelihood of Correction

Date: Oct 1, 2025

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)

Date: Oct 1, 2025

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

Date: Oct 1, 2025

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

Date: Oct 1, 2025

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.

Date: Oct 1, 2025

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

Date: Oct 1, 2025

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 Alternatives

Date: Oct 1, 2025

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: Commentary on In re T.F., F.F., and C.F.

Date: Oct 1, 2025

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...

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)

Date: Oct 1, 2025

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 — In re G.J. (W. Va. 2025)

Date: Oct 1, 2025

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...

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