In re T.A.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of the petitioner mother’s parental rights to T.A. The court held that the mother had failed to substantially correct the conditions of abuse and neglect despite extended improvement periods, making termination appropriate without less restrictive alternatives. The court also declined to remand for post-termination visitation, concluding that the issue had been waived and that the record provided no basis for visitation.

Holdings

1. The circuit court did not err in finding no reasonable likelihood that Mother could substantially correct the conditions of abuse and neglect in the near future because she failed to respond to or follow through with rehabilitative services during her extended improvement periods.
2. Termination of parental rights may be ordered without an intervening less restrictive alternative when there is no reasonable likelihood that the conditions of abuse or neglect can be substantially corrected in the near future.
3. Termination was necessary for T.A.'s welfare and was in the child's best interests because it would provide permanency and stability and preserve the child's therapeutic progress.
4. Mother waived appellate review of post-termination visitation by failing to raise the issue below, and the record provided no basis for remand even if the issue were properly before the court.

Questions Presented

1. Whether the circuit court clearly erred in finding no reasonable likelihood that Mother could substantially correct the conditions of abuse and neglect in the near future.
2. Whether the circuit court was required to impose a less restrictive disposition instead of terminating Mother's parental rights.
3. Whether termination was necessary for T.A.'s welfare and in the child's best interests.
4. Whether the circuit court erred by failing to grant post-termination visitation.

Disposition

affirmed