In re D.A., J.R.-1, D.R., and J.A.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner Mother J.R.-2’s parental rights to four children. The court held that the circuit court did not abuse its discretion in denying a post-adjudicatory improvement period because the mother failed to participate in court-ordered services, including drug screening, parenting classes, and substance-abuse treatment. The court also upheld termination as to a child placed with the child’s biological father, concluding that less-restrictive alternatives were not required where the statutory conditions for termination were established.

Holdings

1. The circuit court did not err in denying petitioner's motion for a post-adjudicatory improvement period because she failed to demonstrate by clear and convincing evidence that she was likely to fully participate in the improvement period.
2. The circuit court did not err by terminating petitioner's parental rights to D.A. despite D.A.'s placement with her biological father.
3. The circuit court did not err in terminating petitioner's parental rights to J.R.-1, D.R., and J.A.; the circuit court's supported finding that the conditions of abuse and neglect were unlikely to be substantially corrected justified termination.

Questions Presented

1. Whether the circuit court erred by denying petitioner a post-adjudicatory improvement period.
2. Whether the circuit court erred by terminating petitioner's parental rights to D.A. rather than selecting a less-restrictive dispositional alternative because D.A. was placed with her biological father.
3. Whether the circuit court otherwise erred in terminating petitioner's parental rights to J.R.-1, D.R., and J.A.

Disposition

affirmed