In re I.T. and H.S.

Summary

The Supreme Court of Appeals of West Virginia affirmed orders terminating the mother’s parental rights to I.T. and H.S. The court held that the circuit court did not abuse its discretion in denying an improvement period because the mother failed to credibly acknowledge the abuse and neglect conditions. The court also concluded that the record supported termination of parental rights as necessary for the children’s welfare without imposing a less-restrictive alternative.

Holdings

1. The circuit court did not abuse its discretion in denying a post-adjudicatory improvement period because the mother failed to demonstrate by clear and convincing evidence that she was likely to fully participate, and her continued failure to credibly acknowledge the abuse made the conditions untreatable.
2. The circuit court properly terminated the mother's parental rights because the record supported findings 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.
3. Termination of parental rights may be imposed without using intervening less-restrictive alternatives when the statutory conditions establish that the abuse or neglect cannot be substantially corrected and termination is necessary for the children's welfare.

Questions Presented

1. Whether the circuit court abused its discretion by denying the mother a post-adjudicatory improvement period.
2. Whether the circuit court erred by terminating the mother's parental rights rather than imposing a less-restrictive alternative, including termination only of custodial rights.
3. Whether the evidence supported findings 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.

Disposition

affirmed