In Re: R.J.M.

Summary

The Supreme Court of Appeals of West Virginia affirmed an order terminating the parental rights of the parents of infant R.J.M., holding that the circuit court's findings of neglect and of no reasonable likelihood of correction were amply supported by clear and convincing proof, that compelling circumstances justified denying an improvement period under W. Va. Code 49-6-2(b) because the parents had nearly starved the child, defied medical and welfare guidance, missed appointments, and concealed themselves from authorities, and that counsel's failure to move for an improvement period was not ineffective assistance because such a motion would have been a vain act. The court further held that the trial court did not abuse its discretion or deny due process in selecting termination, the most drastic remedy, where the grounds of Code 49-6-5(b) were established. Justice Miller, joined by Justice McGraw, dissented, contending that the unrebutted medical testimony showed the child in good health, that the neglect finding was therefore clearly erroneous, and that the least-restrictive-alternative command of Code 49-6-5 barred permanent severance where no foster care plan or rehabilitative program was ever offered.