Improvement period west virginia. Oct 11, 2025 · §49-4-610.

Improvement period west virginia III. In any proceeding brought pursuant to this article, the court may grant any respondent an improvement period in accord with this article. Code § 49-6-12(c)(1). The petitioner also continued to m The Supreme Court affirmed the judgment of the circuit court terminating Mother's parental and custodial rights due to her substance abuse problem, holding that the circuit court did not err in terminating Mother's rights and in declining to extend her improvement period or grant an additional, post-dispositional improvement period. Code § 49-4-610. Here, petitioner failed to demonstrate by clear and convincing evidence that she would be likely to fully participate in an improvement period. Circuit courts may grant a post-dispositional improvement period when “[t]he respondent moves in writing for the improvement period. C. Each type of improvement period is addressed by a separate subsection of West Virginia Code § 49-4-610. 2012 West Virginia Court Improvement Program Oversight Board West Virginia Supreme Court of Appeals (Funding for the development and publication of this Benchbook was provided by the U. Improvement periods in cases of child neglect or abuse; findings; orders; extensions; hearings; time limits. IX. QUARTERLYSTATUSREVIEWHEARINGS West Virginia Code § 49-4-1106requires a circuit court to conduct status review conferencesforeachchildinfostercareonaquarterlybasiscommencingthreemonths fromthedateachildisplacedtheDepartment’scustody. ” Mar 20, 2025 · Citing statutory language from West Virginia Code § 49-4-610 (2) (B) and supportive case law, the court affirmed that the petitioner’s inability to accept responsibility for her conduct rendered the improvement period ineffective. West Virginia Code 49-4-610 – Improvement periods in cases of child neglect or abuse; findings; orders; extensions; hearings; time limits Current as of: 2023 | Check for updates | Other versions In any proceeding brought pursuant to this article, the court may grant any respondent an improvement period in accord with this article. . Accordingly, the court reversed and remanded with directions. E. Va. , J. Family Case Plan May 7, 2025 · West Virginia > Circuit Court Proceedings > Rules of Procedure for Child Abuse and Neglect Proceedings > Rule 37. ) MEMORANDUM DECISION Petitioner Father M. May 7, 2025 · No later than thirty (30) days after the end of the alternative disposition improvement period, the court shall hold a hearing to determine the final disposition of the case, including whether the conditions of abuse and/or neglect have been adequately improved in accordance with W. PRE-ADJUDICATORY IMPROVEMENT PERIOD At any time prior to the adjudicatory hearing, a respondent may move for a pre-adjudicatory improvement period in accordance with West Virginia Code § 49-4-610 and Rule 23. W. The Supreme Court reversed the circuit court's order terminating Father's parental rights and remanded the matter for a new dispositional hearing, holding that the circuit court erred in granting multiple extensions to the pre-adjudicatory improvement period, and the court's factual determinations were clearly erroneous and contrary to the record. PRE-ADJUDICATORY IMPROVEMENT PERIOD At any time prior to the adjudicatory hearing, a respondent may move for a pre- adjudicatory improvement period in accordance with West Virginia Code § 49-4-610 and Rule 23. ]” Additionally, “West Virginia law allows the circuit court discretion in deciding whether to grant a parent an improvement period. when the court finds that [the parent] has failed to fully participate in the terms of the improvement period. , 236 W. Pursuant to West Virginia Code § 49-4-610(6), before a circuit court can grant an extension of an improvement period, the court must first find that the parent has su West Virginia Code § 49-4-610(3)(B) provides that the circuit court may grant a parent a post-dispositional improvement period when the parent “demonstrates, by clear and convincing evidence, that the [parent] is likely to fully participate in the improvement period. ” W. Procedurally, practitioners must file written motions to obtain any improvement period—including additional or post-dispositional ones—and must meticulously cite the record on appeal. Pursuant to West Virginia Code § 49-4-610(3), if a parent seeks an improvement period as disposition, then the parent has the burden of proving “by clear and convincing evidence, that the [parent] is likely to fully participate in the improvement period . 's parental rights but vacated the circuit court’s decision regarding post-termination visitation. S. Improvement period; status conference 2011 West Virginia Code CHAPTER 49. 56 West Virginia has a hybrid system of criminal defense, in which indigent defendants are represented by full-time salaried public defenders or by court ap-pointed private attorneys who are appointed case-by-case We disagree. ” Mar 14, 2025 · What is an improvement period? An improvement period is the time frame the judge gives the respondent to correct issues of abuse and neglect. §49-4-604. 2 Upon our review, we determine that oral argument is unnecessary and that a memorandum decision affirming, in part, and Feb 16, 2015 · IV. Feb 15, 2018 · Pursuant to West Virginia Code § 49-6-12 (g) (1998), before a circuit court can grant an extension of a post-adjudicatory improvement period, the court must first find that the respondent has substantially complied with the terms of the improvement period; that the continuation of the improvement period would not substantially impair the argues that she should have been granted an improvement period. , and R. , 243 W. and that the extension is otherwise consistent with the best interest of the child. 108, 115, 778 S. Apr 9, 1996 · The Supreme Court of Appeals of West Virginia granted a writ of prohibition against the Circuit Court of Kanawha County, preventing it from enforcing an extended post-adjudicatory improvement period beyond the statutory limits. Oct 11, 2025 · §49-4-610. Upon review, the West Virginia Supreme Court of Appeals affirmed the termination of M. See West Virginia Code § 49-4-610 (3), which provides, “The court may grant an improvement period ․ when ․ The respondent demonstrates, by clear and convincing evidence, that the respondent is likely to fully participate in the improvement period․” 8. the circuit court had conducted an evidentiary dispositional hearing pursuant to West Virginia Code § 494-604 before it granted a post-dispositional improvement period and before it declined to terminate the parent’s rights. ” Feb 24, 2018 · By affirming the termination of parental rights without mandating an improvement period, the West Virginia Supreme Court of Appeals emphasizes that the paramount concern in custody cases is the child's safety and well-being. Oct 1, 2025 · Conclusion In re G. Improvement periods in cases of child neglect or abuse; findings; orders; extensions; hearings; time limits Current as of January 01, 2024 | Updated by Findlaw Staff In any proceeding brought pursuant to this article, the court may grant any respondent an improvement period in accord with this article. Code § 49-4-604 (d). Family Case Plan Additionally, “West Virginia law allows the circuit court discretion in deciding whether to grant a parent an improvement period. West Virginia Code § 49-4-610(2)(B) permits a circuit court to grant an improvement period when a parent “demonstrates, by clear and convincing evidence, that [he] is likely to fully participate. Department of Health & Human Services, Administration of Children and Families, under Court Improvement Program matching grants. West Virginia Code § 49-4-610(2) requires that the parent “demonstrate[], by clear and convincing evidence, that [the par nt] is like any alcohol abuse treatment or counseling supports this finding. at 518, 845 S. Code § 49-6-2(b) provides that an improvement period shall be allowed unless there are compelling reasons to justify the denial of an improvement period. — At any time prior to the final adjudicatory hearing, including at the preliminary hearing or emergency custody proceedings, a respondent may move for a pre-adjudicatory improvement period in accordance with W. K. West Virginia Public Defender Services (WVPDS) provides funding for all indigent defense ser-vices for the State of West Virginia. ’s improvement period was erroneous because M. Make findings of fact and conclusions of law as to the appropriate disposition under West Virginia Code § 49-4-604, or under West Virginia Code § 49-4-610(3) if an improvement period is granted as an initial disposition. Pursuant to West Virginia Code § 49-4-610(7), “[u]pon the motion by any party, the court shall terminate any improvement period . Any party and persons entitled to notice and the right to be heard shall receive Sep 1, 2020 · The Supreme Court reversed the disposition order of the circuit court that terminated Mother's parental rights to her children, holding that the circuit court erred in concluding that Mother failed to comply with the terms of her improvement period and in terminating Mother's parental rights on the same grounds. Pursuant to West Virginia Code § 49-4-610(6), a court may grant an extension of an improvement period if it finds, among other things, that the petitioner “substantially complied with the terms of the improvement period . B. Disposition of neglected or abused children; case plans; dispositions; factors to be considered; reunification; orders; alternative disposition May 5, 2025 · West Virginia Code § 49-4-610 (2) (2015) permits a circuit court to grant a post-adjudicatory improvement period when the respondent files a written motion requesting the improvement period and “demonstrates, by clear and convincing evidence, that the respondent is likely to fully participate in the improvement period and the court further In order to obtain a post-adjudicatory improvement period, West Virginia Code § 49-4-610(2)(B) requires the parent to “demonstrate[], by clear and convincing evidence, that the [parent] is likely to fully participate in the improvement period[. Feb 3, 2025 · M. 17 Rule 37 of the West Virginia Rules of Procedure for Child Abuse and Neglect Proceedings provides that where an improvement period is ordered as an alternative disposition, “the Rule 17(c)(5). Va. 4Pursuant to West Virginia Code § 49-4-610(3)(D), a circuit court may grant a post-dispositional improvement period if “the respondent demonstrates that since the initial improvement period, the respondent has experienced a substantial change in circumstances. ” Footnote: 9 We note that West Virginia Code 49-6-12 (1996), recently enacted by the West Virginia Legislature, now requires a parent seeking an improvement period in cases of neglect or abuse to file a written motion requesting it, and to demonstrate by clear and convincing evidence that he or she is likely to fully participate in the West Virginia Code § 49-4-610(3)(B) provides that the circuit court may grant a parent a post-dispositional improvement period when the parent “demonstrates, by clear and convincing evidence, that the [parent] is likely to fully participate in the improvement period. (Supreme Court of Appeals, 2025) Introduction In re The caseworker opined that petitioner was unlikely to successfully complete the terms and conditions of his improvement period, even if he was given a three-month extension. 1 appeals the Circuit Court of Wood County’s October 24, 2023, order terminating his parental rights to the child, arguing that the court erred in denying him an extension of his improvement period and post-termination visitation. ” Virginia Code § 49-4-610(2)(D) to be granted a second improvement period is misplaced. Code § 48-20-207 (a). Mar 2, 2025 · Introduction In the case of IN RE H. was in full compliance with the terms and conditions of her improvement period. 2d at 293. The case involves petitioner C. CHILD WELFARE ARTICLE 6. ” Nov 17, 2021 · However, there is a crucial difference between this case and S. CPS keeps track of and reports on the respondent’s progress during the improvement period. West Virginia may have more current or accurate information. During the period, the court may require temporary custody with a responsible person which has been found to be a fit and proper person for the temporary custody of the child or children or the state department or other agency during the improvement period Nov 16, 2022 · The record further contains no family case plan required under the post-dispositional improvement period as contemplated by West Virginia Code § 49-4-610 (3) (E). Thepurposeofthehearingisto reviewthefollowingissues: thesafetyofthechild,whethercontinuedplacementis Sep 11, 2025 · Nonparticipation Precludes Improvement Period: West Virginia Supreme Court Reaffirms Denial of Improvement Period and Termination Where Parent Fails to Engage, Despite Mental Health Claims West Virginia Code § 49-4-610(7) provides that “[u]pon the motion by any party, the court shall terminate any improvement period granted pursuant to this section when the court finds that [the parent] has failed to fully participate in the terms of the improvement period. A. – (A) When any improvement period is granted to a respondent pursuant to this section, the respondent shall be responsible for the initiation and completion of all terms of the improvement period. , decided on February 26, 2025, by the West Virginia Supreme Court of Appeals, the court addressed critical questions concerning parental improvement periods under abuse and neglect proceedings and the proper application of statutory disposition provisions under West Virginia Code § 49-4-604. West Virginia Code § 49-4-610(2) provides that a circuit court may grant a post-adjudicatory improvement period when the parent “files a written motion requesting the improvement period” and the parent “demonstrates, by clear and convincing evidence, that the [parent] is likely to fully participate in the improvement period Jul 3, 2025 · From Presumption to Discretion: Clarifying the Standard for Post-Dispositional Improvement Periods in West Virginia – A Commentary on In re D. Id. May 7, 2025 · Preadjudicatory improvement period; family case plan; status conference (a) Preadjudicatory improvement period. ” Further, we have previously explained that Sep 11, 2025 · No Improvement Without Acknowledgment: West Virginia Affirms Denial of Improvement Period and Child-Specific Dispositions in Domestic-Violence-Based Abuse and Neglect Chapter 1 – Page 8 the respondent files a written motion requesting the improvement period; 2) the respondent demonstrates, by clear and convincing evidence, that the respondent is likely to fully participate in the improvement period; and 3) the court makes a finding, on the record, that the respondent has not previously been granted an Jun 2, 2023 · 7. ”. ” In order to be granted a post-dispositional improvement period, West Virginia Code § 49-4-610(3)(B) requires that petitioner “demonstrate[], by clear and convincing evidence, that [she was] likely to fully participate in the improvement period. ” West Virginia Code § 49-4-610(3) provides that a circuit court may grant a post-dispositional improvement period when “[t]he respondent moves in writing for the improvement period” and “demonstrates, by clear and convincing evidence, that the respondent is likely to fully participate in the improvement period[. Here, petitioner failed to demonstrate by clear and convincing evidence that he would be likely to fully participate in an improvement period. ]” West Virginia Code § 49-4-610(2) provides that a post-adjudicatory improvement period may be granted where a parent “demonstrates, by clear and convincing evidence, that the [parent] is likely to fully participate in the improvement period. Oct 30, 2020 · 16. ” West Virginia Code § 49-4-610(7) requires the circuit court to terminate an improvement period “when the court finds that [the parent] has failed to fully participate in the terms of the improvement period. Chapter 1 Chapter 1 – Page 6 A. 2d 338, 345 (2015). A. West Virginia Code § 49-4-610 (4) (A) provides:Responsibilities of the respondent receiving improvement period. During the period, the court may require temporary custody with a responsible person which has been found to be a fit and proper person West Virginia Code § 49-6-12(c) grants circuit courts discretion in granting post-dispositional improvement periods after certain conditions are met. stipulated to adjudication as an abusive and neglectful parent and was granted an improvement period. —the biological aunt and West Virginia Code § 49-4-610(7) governs termination of improvement periods and permits a circuit court, upon a motion by any party, to take such action “when the court finds that respondent has failed to fully participate in the terms of the improvement period. Lower Courts Must Proceed with Care The West Virginia Supreme Court twice now has been in the position of needing to correct serious misapplications of the law by circuit courts in West Virginia that have terminated parental rights on the basis of past involuntary terminations without due process of law. PROCEDURE IN CASES OF CHILD NEGLECT OR ABUSE. appealed this decision, contending errors in the denial of an extension to his improvement period and the handling of post-termination visitation. Oct 1, 2025 · The matter originated in Virginia but was transferred to West Virginia under the UCCJEA on inconvenient forum grounds. —in S. Petitioner admitted that he had not drug screened during his post-adjudicatory improvement period, but claimed it was because he could not urinate in front of people. Improvement period in cases of child neglect or abuse. If a respondent does not follow the judge’s rules for the improvement period, the judge may cut it short. Jan 1, 2024 · West Virginia Child Welfare Act § 49-4-610. See W. 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. ” In re M. underscores the procedural and substantive guardrails of West Virginia’s abuse-and-neglect system. Oct 1, 2025 · West Virginia Code § 49-4-610 (2) (B): a post-adjudicatory improvement period requires the parent to show, by clear and convincing evidence, that they are likely to fully participate. §49-6-12. Learn how Child Protective Services (CPS) works with kinship families in West Virginia. Jan 24, 2025 · No later than thirty (30) days after the end of the alternative disposition improvement period, the court shall hold a hearing to determine the final disposition of the case, including whether the conditions of abuse and/or neglect have been adequately improved in accordance with W. Find information on improvement periods, court processes, CPS policy, and resources to help relatives caring for children during state involvement. M. Although not specified in the motion or in the petition for appeal, it appears that the petitioner objects to the denial of a post-adjudicatory improvement period. PRE-ADJUDICATORY IMPROVEMENT PERIOD At any time prior to the adjudicatory hearing, a respondent may move for a pre-adjudicatory improvement period in accordance with West Virginia Code § 49-4-610 and While there is no absolute right to an improvement period in this State, W. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. H. , T. However, the court concluded that termination of M. §49-4-610. jjek ulrnj qjaiw lma eohb ngxt daofpzs chqk bhgyok chj ytjdjld wvnho roozv gsfj rsokdj