Nickolas Turkale is in jail awaiting trial for the death of Aydin Toler.He confessed to slamming Aydin into a door facing causing his death, He is facing charges of 2nd degree murder and murder of a child by a custodian. We need to protect Aydin's baby brother Bryson Gage Turkale. The same judge, Eric O'Briant,who gave Aydin back to his mother, which eventually lead to his death, is the same judge who refuses to terminate Nicks parental rights. We need to stand up and protect Bryson from the same fate that Aydin suffered. This is the WV statue for the involuntary termination of parental rights, and no where in this does it state you have to prove malice, which was O'Briant's reason for not terminating Turkale's rights.
State Statutes Results
Grounds for Involuntary Termination of Parental Rights
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Circumstances That Are Grounds for Termination of Parental Rights
Ann. Code § 49-6-5
The court shall terminate the parental rights of an abusing parent when:
The parent has subjected any child in the household to aggravated circumstances that include, but are not limited to, abandonment, torture, chronic abuse, and sexual abuse.
The parent has:
Committed murder or voluntary manslaughter of the child's other parent, another child of the parent, or any other child residing in the same household
Attempted or conspired to commit such a murder or voluntary manslaughter
Committed a felonious assault that results in serious bodily injury to the child, the child's other parent, or any other child residing in the same household
The parental rights of the parent to another child have been terminated involuntarily.
The abusing parent has habitually abused or is addicted to alcohol, controlled substances, or drugs to the extent that proper parenting skills have been seriously impaired and such person or persons have not responded to or followed through the recommended and appropriate treatment.
The abusing parent has willfully refused to cooperate in the development of a reasonable family case plan designed to lead to the child's return to their care, custody, and control.
The abusing parent has not responded to or followed through with a reasonable family case plan designed to reduce or prevent the abuse or neglect of the child.
The parent has abandoned the child.
The parent has repeatedly or seriously injured the child physically or emotionally or has sexually abused or sexually exploited the child.
The parent suffers from emotional illness, mental illness, or mental deficiency of such duration or nature as to render the parent incapable of exercising proper parenting skills or sufficiently improving the adequacy of such skills.
A battered parent's parenting skills have been seriously impaired, and he or she has willfully refused or is presently unwilling or unable to cooperate in the development of a reasonable treatment plan or has not adequately responded to or followed through with the recommended and appropriate treatment plan