In Re: C.T., 17-0389

DHHR filed neglect/abuse petition after unexplained injuries to C.T., including cigarette burns; petitioner is the child’s father (J.C.).
Petitioner had a prior involuntary termination of parental rights to an older child (2013) for physical abuse; later criminal convictions for violent offenses and an alleged cigarette-burn incident involving a child were noted.
A parental fitness evaluation concluded petitioner lacked insight, refused to accept responsibility, and was not fit to be a caregiver.
At adjudication petitioner admitted the prior termination; circuit court found he abused and neglected C.T. based on his history and continued risky behavior.
Petitioner admitted he made no meaningful efforts to remedy prior issues, had minimal participation in services, tested positive for marijuana during the case, and provided inconsistent accounts of alcohol use.
Circuit court found no reasonable likelihood conditions could be corrected, terminated petitioner’s parental rights (March 22, 2017), and the child was placed with foster family with adoption goal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether adjudication was supported by clear and convincing evidence	Petitioner: evidence did not show he failed to remedy conditions from prior termination	DHHR/Court: prior termination plus subsequent violent convictions, continued substance use, and lack of remediation supported adjudication	Court affirmed adjudication — evidence showed failure to correct prior conditions and risk to C.T.
Whether petitioner was entitled to a post-adjudicatory improvement period	Petitioner: he complied with some services (drug testing, visitation, classes) and was likely to participate in an improvement period	DHHR/Court: petitioner admitted no remedial effort since 2013; continued substance use and lack of therapy or anger management showed he was unlikely to comply	Court denied improvement period — petitioner failed to prove by clear and convincing evidence likelihood of full participation
Whether termination was improper without considering less-restrictive alternatives	Petitioner: participation in some services should have led to consideration of alternatives to termination	DHHR/Court: petitioner minimally complied, continued substance use, refused to accept responsibility, so no reasonable likelihood of correction; termination necessary for child’s welfare	Court affirmed termination — statutory criteria met (no reasonable likelihood of correction; termination necessary for child’s welfare)

In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996) (standard of review for circuit court findings in abuse/neglect bench trials)
In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (applying abuse/neglect standard of review)
In re Kyiah P., 213 W.Va. 424, 582 S.E.2d 871 (2003) (review required where parent had prior involuntary termination; reduced evidentiary threshold when statutory factors present)
In the Matter of George Glen B., 205 W.Va. 435, 518 S.E.2d 863 (1999) (discussing petitions following prior terminations)
In re: M.M., 236 W.Va. 108, 778 S.E.2d 338 (2015) (circuit court discretion in granting improvement periods)
In re Katie S., 198 W.Va. 79, 479 S.E.2d 589 (1996) (termination may be ordered without intervening less-restrictive alternatives when no reasonable likelihood conditions can be corrected)