In re P.T. and G.T.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of a mother's parental rights to P.T. and G.T. The court held that the mother's prior involuntary termination of parental rights, continued illegal drug use, and failure to participate in supervised visitation supported termination without granting another improvement period. The court found no substantial question of law or prejudicial error and issued a memorandum decision under Rule 21.

Holdings

1. A prior involuntary termination of a parent's parental rights to another child constitutes an aggravated circumstance under West Virginia Code § 49-6-5(a)(7)(A)(C), so the DHHR was not required to make reasonable efforts toward reunification in this proceeding.
2. The circuit court did not err in denying Mother an improvement period because she did not demonstrate that she was likely to fully participate and the record showed that she had not substantially improved the conditions that caused the prior abuse and neglect proceedings.
3. Termination was proper because there was no reasonable likelihood that Mother could substantially correct the conditions of abuse and neglect in the near future and termination was necessary for the welfare of the children.
4. The circuit court did not err by terminating Mother's parental rights rather than placing the children in the permanent care of their nonabusing father.

Questions Presented

1. Whether the circuit court erred by terminating Mother's parental rights without granting her an additional improvement period.
2. Whether Mother's prior involuntary termination of parental rights constituted an aggravated circumstance relieving the DHHR of the obligation to make reasonable reunification efforts.
3. Whether the evidence supported findings that the children were abused and neglected and that there was no reasonable likelihood that Mother could substantially correct the conditions of abuse and neglect in the near future.
4. Whether the circuit court should have placed the children in the permanent care of their nonabusing father instead of terminating Mother's parental rights.

Disposition

affirmed