battery-claims-excluded-under-ftca&amp Case Commentaries

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....

Noncompliance and Open‑Ended Incarceration: Termination Without Less Restrictive Alternatives and No Post‑Dispositional Improvement Period

Date: Oct 1, 2025

Noncompliance and Open‑Ended Incarceration: Termination Without Less Restrictive Alternatives and No Post‑Dispositional Improvement Period Case: In re A.F. and H.J., No. 24-574 Court: Supreme Court...

Consent to Guardianship Is Not a Safe Harbor: West Virginia Affirms Termination Where No Reasonable Likelihood of Correction Exists

Date: Oct 1, 2025

Consent to Guardianship Is Not a Safe Harbor: West Virginia Affirms Termination Where No Reasonable Likelihood of Correction Exists Case: In re A.A., K.A., and A.R., No. 24-474 (W. Va. Sept. 30,...

In re G.J.: Refusal to Engage in Services Justifies Termination Without Less Restrictive Alternatives and Supports Denial of Post‑Termination Visitation

Date: Oct 1, 2025

In re G.J.: Refusal to Engage in Services Justifies Termination Without Less Restrictive Alternatives and Supports Denial of Post‑Termination Visitation Introduction In a memorandum decision dated...

In re G.A.: West Virginia High Court Reaffirms Written-Motion Prerequisite for Improvement Periods and Clarifies That Less Restrictive Alternatives Are Not Required When Statutory Termination Criteria Are Met

Date: Oct 1, 2025

In re G.A.: Reaffirming the Written-Motion Requirement for Improvement Periods and the Permissibility of Termination Without Less Restrictive Alternatives Introduction In a memorandum decision issued...

Express Findings and Maximization Required to Deviate from West Virginia’s Statutory 50/50 Custody Presumption

Date: Oct 1, 2025

Express Findings and Maximization Required to Deviate from West Virginia’s Statutory 50/50 Custody Presumption Introduction In In re R.L., No. 24-395 (W. Va. Sept. 30, 2025), the Supreme Court of...

Reaffirming Denial of Improvement Periods and Termination Where Parent Fails to Engage: West Virginia High Court’s Memorandum Decision in In re J.H., J.M., T.K., and R.K.

Date: Oct 1, 2025

Reaffirming Denial of Improvement Periods and Termination Where Parent Fails to Engage: West Virginia High Court’s Memorandum Decision in In re J.H., J.M., T.K., and R.K. Introduction This commentary...

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...

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....

Competency Is Not Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency Without Vouching, and Reaffirms Strict Timeliness for Appeals from Rule 37 Indicative Rulings

Date: Oct 1, 2025

Competency Is Not Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency Without Vouching, and Reaffirms Strict Timeliness for Appeals from Rule 37 Indicative Rulings...

Competency ≠ Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Demands Timely Appeals from Rule 37 Indicative Rulings — United States v. Vázquez‑Rijos

Date: Oct 1, 2025

Competency ≠ Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Demands Timely Appeals from Rule 37 Indicative Rulings Case: United States v. Vázquez‑Rijos (1st Cir.)...

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...

Williams v. State: Georgia Supreme Court Reaffirms Broad Trial-Court Discretion to Admit Victims’ Domestic‑Violence Statements Under Rule 807

Date: Oct 1, 2025

Williams v. State: Georgia Supreme Court Reaffirms Broad Trial-Court Discretion to Admit Victims’ Domestic‑Violence Statements Under Rule 807 Court: Supreme Court of Georgia | Date: September 30,...

Eleventh Circuit: Sentencing Statistics Alone Do Not Prove § 3553(a)(6) Disparity; Statutory-Max Upward Variance and Consecutive Revocation Term Upheld for Child-Pornography Recidivist

Date: Oct 1, 2025

Eleventh Circuit: Sentencing Statistics Alone Do Not Prove § 3553(a)(6) Disparity; Statutory-Max Upward Variance and Consecutive Revocation Term Upheld for Child-Pornography Recidivist Introduction...

Direct Admissions as Direct Evidence: Green v. State Reaffirms That OCGA § 24-14-6 Does Not Apply When the State Presents Any Admission by the Accused

Date: Oct 1, 2025

Direct Admissions as Direct Evidence: Green v. State Reaffirms That OCGA § 24-14-6 Does Not Apply When the State Presents Any Admission by the Accused Introduction In Green v. State, the Supreme...

Separate Offenses Under Georgia’s Gang Act: Subsections (a) and (d) Do Not Merge

Date: Oct 1, 2025

Separate Offenses Under Georgia’s Gang Act: Subsections (a) and (d) Do Not Merge Introduction In Evans v. State and Miller v. State (Supreme Court of Georgia, Sept. 30, 2025), the Court resolved a...

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