In re T.L. and T.W.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of a mother's parental rights to two children in an abuse and neglect proceeding. The court held that the record supported findings of habitual drug abuse, failure to respond to recommended treatment, and no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future. The court also rejected the argument that a less restrictive disposition involving relative placement was appropriate.

Holdings

1. The circuit court did not err in finding that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and that termination of Mother's parental rights was necessary for the children's welfare.
2. The circuit court was not required to adopt a less restrictive alternative or exhaust speculative possibilities of parental improvement where the children's welfare was seriously threatened and the evidence supported termination.

Questions Presented

1. Whether the circuit court had sufficient clear and convincing evidence to terminate Mother's parental rights.
2. Whether a less restrictive disposition, including placement of the children with relatives, was available instead of termination.

Disposition

affirmed