In re S.C. and N.D.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of a custodian and guardian’s custodial and guardianship rights to two children. The Court held that the Department of Health and Human Resources made reasonable reunification efforts and that the custodian failed to complete required counseling and engaged in conduct that undermined the children’s stability. The Court also upheld termination rather than a less-restrictive disposition because there was no reasonable likelihood that the conditions of neglect could be substantially corrected in the near future.

Holdings

1. The circuit court properly terminated T.K.'s custodial and guardianship rights because there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and termination was necessary for the children's welfare.
2. The DHHR complied with its statutory duty to monitor T.K.'s improvement period, and it had no statutory obligation to provide the additional constructive advice or guidance asserted by T.K.
3. The circuit court was not required to impose a less-restrictive alternative because termination may be ordered without intervening less-restrictive alternatives when the statutory conditions for termination are satisfied.
4. The Supreme Court reviews legal conclusions de novo and factual findings in a bench-tried abuse and neglect case for clear error.

Questions Presented

1. Whether the circuit court erred by terminating T.K.'s custodial and guardianship rights after finding no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future.
2. Whether the West Virginia Department of Health and Human Resources failed to monitor T.K.'s improvement period or provide required guidance and constructive advice.
3. Whether the circuit court erred by terminating T.K.'s custodial and guardianship rights rather than imposing a less-restrictive dispositional alternative.
4. Whether the DHHR made reasonable efforts to reunify T.K. with the children.

Disposition

affirmed