In Re Kristin Y., Arther Y., Scharlotte Y., and William Y.

Summary

The Supreme Court of Appeals of West Virginia reversed a dispositional order that terminated a mother's custodial and visitation rights to her four abused and neglected children but left her parental rights intact under W. Va. Code § 49-6-5(a)(5), leaving the children in Department custody with no path to adoption. Applying the circuit court's own findings — the mother's inability to complete parent education after sixteen months, her sporadic compliance with services, and the court's conclusion that after fifteen months nothing more could be done to resolve the family problems — the Court held there was no reasonable likelihood that the conditions of abuse or neglect could be substantially corrected, making the failure to terminate an abuse of discretion. Because the retained residual rights precluded the children's adoption and permanent placement, the Court remanded with directions to enter an order permanently terminating the mother's parental rights.