In re J.T. and C.H.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of petitioner mother K.T.’s parental rights to J.T. and C.H. The court held that she was not entitled to a post-dispositional improvement period because she failed to demonstrate a substantial change in circumstances or a likelihood of full participation, and that the record supported findings that the conditions of abuse and neglect could not be substantially corrected in the near future.

Holdings

1. The circuit court did not err in denying petitioner a post-dispositional improvement period because she failed to demonstrate by clear and convincing evidence that she was likely to fully participate, and she did not show a substantial change in circumstances since her prior improvement period.
2. The circuit court properly terminated petitioner's parental rights because there was no reasonable likelihood that the conditions of neglect or abuse could be substantially corrected in the near future and termination was necessary for the children's welfare.
3. The circuit court's factual findings were not clearly erroneous and were supported by a plausible view of the record.

Questions Presented

1. Whether the circuit court abused its discretion by denying petitioner a post-dispositional improvement period.
2. Whether the circuit court erred in finding that there was no reasonable likelihood that the conditions of neglect or abuse could be substantially corrected in the near future and in terminating petitioner's parental rights rather than imposing a less-restrictive dispositional alternative.

Disposition

affirmed