In Re Emily and Amos B.

Summary

The court held that a circuit court may not delay the commencement of a dispositional improvement period until a parent is released from incarceration or completes treatment, because the governing statutes impose defined timing and eligibility requirements. It reversed the delayed improvement periods, vacated the denial of the DHHR's termination motion, and remanded for a merits determination because the incomplete appellate record prevented review of the termination decision. The court also explained that incarceration alone does not automatically require termination of parental rights, although it may be considered with other relevant circumstances. Justice Starcher, joined by Justice McGraw, concurred in the remand but cautioned against treating the opinion as directing termination where other child-centered alternatives may remain.