In re T.C.-1, T.C.-2, and T.C.-3

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner mother’s parental rights to three children in an abuse and neglect proceeding. The court held that the circuit court properly denied a meaningful improvement-period claim and terminated parental rights based on the petitioner’s failure to comply with drug screening and other rehabilitative services. The court also declined to recognize an ineffective-assistance-of-counsel claim in the circumstances presented.

Holdings

1. The circuit court did not err by denying or limiting Mother's visitation during the proceedings because Mother failed to comply with drug-screening and other remedial-service requirements, and the record did not show that visitation without such compliance would have been in the children's best interests.
2. Termination of Mother's parental rights was proper under West Virginia Code § 49-4-604(c)(6) 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.
3. The court declined to recognize an ineffective-assistance-of-counsel claim in abuse and neglect proceedings and further concluded that, under the circumstances presented, Mother's counsel provided effective representation.
4. Nonjurisdictional ineffective-assistance arguments raised for the first time on appeal will not be considered.

Questions Presented

1. Whether the circuit court erred by terminating Mother's parental rights without affording her a meaningful improvement period.
2. Whether the circuit court erred by denying or limiting visitation during the improvement period.
3. Whether the evidence supported a finding that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and that termination was necessary for the children's welfare.
4. Whether West Virginia recognizes an ineffective-assistance-of-counsel claim in an abuse and neglect proceeding.
5. Whether Mother's ineffective-assistance arguments were preserved for appellate review.

Disposition

affirmed