In re V.B. and J.B.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of the mother’s parental rights to V.B. and J.B. The court held that the mother failed to follow through with required improvement-period services, including inpatient substance-abuse treatment, and that termination was supported because there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected.

Holdings

1. The circuit court correctly found that there was no reasonable likelihood that the conditions of abuse or neglect could be substantially corrected because petitioner failed to follow through with a reasonable family case plan and required rehabilitative services.
2. The circuit court correctly found that termination of petitioner's parental rights was necessary for the welfare of the children.
3. Termination of parental rights may be ordered without the use of intervening less-restrictive alternatives when there is no reasonable likelihood that the conditions of neglect or abuse can be substantially corrected; the circuit court therefore did not err in terminating petitioner's parental rights without such alternatives.

Questions Presented

1. Whether the circuit court erred by terminating petitioner's parental rights without first imposing a less-restrictive dispositional alternative.
2. Whether the evidence supported the findings that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected and that termination was necessary for the welfare of the children.
3. Whether the DHHR failed to provide petitioner with adequate support and services during the improvement period.

Disposition

affirmed