In re T.R.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner mother's parental rights to T.R. The court held that she failed to demonstrate a substantial change in circumstances or likely full participation sufficient to warrant a post-dispositional improvement period. The court also upheld the finding that there was no reasonable likelihood that the conditions of abuse and neglect would be substantially corrected in the near future.

Holdings

1. The circuit court properly denied the mother's motion because she failed to demonstrate a substantial change in circumstances since her initial improvement period and failed to show that she was likely to fully participate in another improvement period.
2. The circuit court properly terminated the mother's parental rights because there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected, and termination could therefore be imposed without an intervening less restrictive alternative.

Questions Presented

1. Whether the circuit court erred in denying the mother's motion for a post-dispositional improvement period under West Virginia Code § 49-4-610(3)(D).
2. Whether the circuit court erred in terminating the mother's parental rights when it found no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected.

Disposition

affirmed