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Case Law Update

Court Affirms Termination of Parental Rights Despite Claims of Due Process Violations and

The Supreme Court of Appeals of West Virginia affirmed decision terminating parental rights. The mother appealed four issues: 1) the allowed improvement period was inappropriate; 2) insufficient evidence; 3) the lower court failed to impose a less-restrictive dispositional alternative; and 4) her due process rights were violated because she was forced to defend herself against allegations beyond those in the original petition. The appeals court disagreed with the mother’s claims and confirmed the termination of parental rights.