State ex rel. W.va. Department of Human Services v. Cheryl M.

Summary

The court reversed the termination of Cheryl M.'s parental rights because she was entitled to a meaningful improvement period, the Department of Human Services failed to prepare and implement a court-approved family case plan with good-faith assistance, and the evidence did not satisfy the clear-and-convincing standard. The court held that the child's best interests alone could not justify involuntary termination without compliance with the statutory criteria and due-process requirements. The case was remanded for approval of an appropriate family case plan and a determination whether Cheryl and Amanda should be reunited. NEELY, Justice, dissenting, would have affirmed because the record showed no reasonable likelihood of improvement and a serious risk to Amanda's welfare.