In re A.R.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of a father's parental rights to A.R. The court held that the abuse and neglect petition adequately alleged the grounds supporting termination and that the circuit court did not abuse its discretion in denying an improvement period. The decision was issued as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. The circuit court did not err in terminating petitioner's parental rights because the second amended petition alleged his sporadic contact with A.R., his inability to care for the child because of incarceration, and facts supporting the adjudication and disposition.
2. The circuit court did not abuse its discretion by denying petitioner an improvement period because petitioner failed to establish that he would substantially comply with one.
3. The circuit court did not clearly err in adjudicating petitioner an abusing parent or in terminating his parental rights.

Questions Presented

1. Whether the circuit court terminated petitioner's parental rights on a ground that was not alleged in the abuse and neglect petition.
2. Whether the circuit court abused its discretion by denying petitioner an improvement period.
3. Whether the circuit court clearly erred in adjudicating petitioner an abusing parent and terminating his parental rights.

Disposition

affirmed