In Re: M.M., B.M., C.Z. and C.S.

Summary

The Supreme Court of Appeals of West Virginia affirmed a Roane County dispositional order denying Leslie S. and Samuel S. post-adjudication improvement periods and terminating their parental and custodial rights following adjudicated abuse and neglect. The court held that parents are not unconditionally entitled to improvement periods and must prove by clear and convincing evidence they are likely to fully participate; the Petitioners' minimal progress in substantially similar 2012-2013 services, guarded psychological prognoses, and continued abusive conduct established no reasonable likelihood the conditions of abuse and neglect could be corrected. The court also held that In re Ashton M. and In re Edward B. were distinguishable because these Petitioners knew before the dispositional hearings that the guardian ad litem opposed improvement periods and received two full evidentiary hearings, so the disposition process was not substantially disregarded or frustrated.