In re C.M., R.M., T.M., K.M.-2, and G.M.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner mother A.M.’s parental and custodial rights in a child abuse and neglect proceeding. The court held that the circuit court properly found no reasonable likelihood that the conditions of abuse and neglect would be substantially corrected in the near future and that termination was necessary for the welfare of R.M. The court also rejected the argument that a less restrictive disposition was required.

Holdings

1. The circuit court did not clearly err in finding that termination of petitioner's parental rights was necessary for R.M.'s welfare because petitioner failed to correct the conditions of abuse and neglect, and the child would be at risk of abuse or neglect if returned to her care.
2. The circuit court was within its discretion to terminate petitioner's parental rights without imposing an intervening less-restrictive disposition because there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future.

Questions Presented

1. Whether the circuit court's finding that termination of petitioner's parental rights to R.M. was necessary for the child's welfare was supported by the record.
2. Whether the circuit court erred by terminating petitioner's parental rights rather than imposing a less-restrictive disposition.

Disposition

affirmed