In re D.C. and B.C.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of petitioner mother T.C.'s parental rights to D.C. and B.C. The court held that the record supported findings that she failed to comply with her improvement-period requirements, that there was no reasonable likelihood the conditions of abuse and neglect could be substantially corrected, and that termination was necessary for the children's welfare. The court further held that termination could be ordered without imposing a less-restrictive dispositional alternative.

Holdings

1. The circuit court did not clearly err in finding that there was no reasonable likelihood that petitioner could substantially correct the conditions of abuse and neglect in the near future.
2. Termination of parental rights may be imposed without first using less-restrictive alternatives when there is no reasonable likelihood that the conditions of neglect or abuse can be substantially corrected; therefore, the circuit court did not err by terminating petitioner's parental rights.

Questions Presented

1. Whether the circuit court erred by finding no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected.
2. Whether the circuit court was required to impose a less-restrictive dispositional alternative instead of terminating petitioner's parental rights because the children were placed with family.

Disposition

affirmed