State ex rel. S.W. v. Honorable Wilson (Signed Opinion)
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In this abuse and neglect proceeding initiated against Mother for three minor children the Supreme Court granted a writ of prohibition sought by the minor children's guardian ad litem (GAL) seeking an order prohibiting the circuit court from granting a post-dispositional improvement period to Mother, holding that the circuit court erred in granting the improvement period in this case.
The GAL argued that the improvement period was improperly granted because the children had been in foster care for more than fifteen of the most recent twenty-two months. The Supreme Court granted a writ of prohibition, holding that the circuit court committed clear error of law in granting an improvement period that exceeded the time limits on foster care imposed by W. Va. Code 49-4-610(9) 49-4-610(9) without sufficient findings that the grant of this improvement period was in the best interest of the children.
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