Background
The West Virginia Department of Human Services filed an abuse-and-neglect petition alleging that mother A.L. failed to provide A.G.-1 and A.G.-2 with necessary education, adequate supervision, and a safe home. Although the children’s father had enrolled them in a Maryland public school, A.L. did not take them to school on her Thursday and Friday custodial days. She instead claimed to homeschool them, despite not registering for home instruction in West Virginia. The children reported limited instruction through an educational tablet game.
The circuit court gave A.L. a preadjudicatory improvement period, including intensive services. Her provider reported that A.L. participated but would not acknowledge responsibility for the children’s removal, instead blaming the father and alleging parental alienation. At adjudication, A.L. admitted she had not registered the children for homeschooling, had no specified curriculum, annual assessment, or reviewed portfolio, and had left the children unattended in a van that rolled down a hill.
The Court’s Holding
The Supreme Court of Appeals affirmed the finding that A.L. was a neglecting parent and the children were neglected. West Virginia’s definition of neglect includes a parent’s refusal, failure, or inability to provide necessary education, while excluding education conducted in compliance with the state’s home-instruction provisions. A.L. admittedly did not meet those requirements, including county-board approval, annual assessments, and the required instructional days.
The Court also held that the circuit court did not abuse its discretion by denying another improvement period. The record did not show unavailable services or a substantial change in A.L.’s circumstances. Rather, her provider paused services because A.L. would not acknowledge her role in the educational neglect, and the circuit court reasonably concluded that further improvement was unlikely within six months. The Court therefore affirmed termination of A.L.’s guardianship and custodial rights.
Key Takeaways
- Part-time home instruction that does not comply with West Virginia’s home-instruction requirements can support an educational-neglect adjudication.
- A parent seeking an additional improvement period must demonstrate a substantial change in circumstances and likely full participation.
- A court may deny further improvement efforts when the parent does not acknowledge the underlying neglect and meaningful improvement is unlikely.
Why It Matters
The decision underscores that a parent’s assertion that some educational activities occurred does not substitute for compliance with the statutory requirements governing home instruction. It also reinforces that accountability for the conditions causing neglect is central to obtaining additional reunification time in West Virginia abuse-and-neglect proceedings.