In re D.S.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner mother M.S.’s parental rights to D.S. The court held that the West Virginia Department of Health and Human Resources made reasonable efforts to preserve and reunify the family, despite the absence of a granted improvement period. The court also concluded that the evidence supported the finding that there was no reasonable likelihood of correcting the conditions of abuse and neglect in the near future and that termination was necessary for the child’s welfare.

Holdings

1. The circuit court did not clearly err in finding that the DHHR made reasonable efforts to preserve and reunify the family. The absence of a granted improvement period did not itself establish a lack of reasonable efforts.
2. The circuit court properly terminated the mother's parental 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 child's welfare. Termination could be ordered without first employing a less-restrictive alternative.

Questions Presented

1. Whether the circuit court clearly erred in finding that the DHHR made reasonable efforts to preserve and reunify the family.
2. Whether the circuit court erred by terminating the mother's parental rights rather than employing a less-restrictive dispositional alternative or granting additional time for services.

Disposition

affirmed