In re T.S. & S.A.

Summary

The Supreme Court of Appeals of West Virginia affirmed a circuit court order terminating the mother's parental rights to T.S. and S.A. The court held that the record supported the findings that a family case plan had been developed, the mother failed to follow through with rehabilitative services, and there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected.

Holdings

1. The failure of the parties to sign the family case plan did not warrant reversal because the record showed that a plan had been developed, filed, approved by the circuit court, and sufficiently identified the services and logical steps necessary to address the neglect conditions.
2. The circuit court properly terminated Petitioner Mother's parental rights because sufficient evidence established that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and that termination was necessary for the children's welfare.

Questions Presented

1. Whether the circuit court erred in terminating Petitioner Mother's parental rights because the DHHR allegedly failed to establish a family case plan or determine the services necessary for reunification.
2. Whether the evidence was sufficient to establish that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected and that termination of parental rights was necessary for the children's welfare.

Disposition

affirmed