Administrative Office of the Courts
West Virginia Court System
InfoCenters > Children, Families & Elders > Adoption/TPR > Termination of Parental Rights Statutes
Statute: §§49-6-5(a)(1), (b)
Grounds: Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, child’s best interest, child in care 15 of 22 months (or less), felony assault of child or sibling, murder/manslaughter of sibling child, refusal to cooperate in a reasonable family case plan.
Exceptions: State may elect not to file petition if: 1) child being placed with relative; 2) state has documented in case plan a compelling reason, including child’s age and preference regarding TPR or the child’s placement based on juvenile proceedings, that filing would not be in child’s best interest; 3) state has not provided services to family that state deems necessary for safe return of child.