In re: A.S.

Summary

The West Virginia Supreme Court of Appeals affirmed a circuit court order terminating the father’s parental rights in an abuse and neglect proceeding. The court held that sufficient evidence supported findings of imminent danger from domestic violence and no reasonable likelihood of correcting the conditions of abuse and neglect, and it also reminded the circuit court of its permanent-placement obligations.

Holdings

1. The circuit court did not err in removing the child because the pattern of domestic violence in the home, including domestic violence occurring in the child's presence, constituted sufficient evidence of imminent danger.
2. Termination was proper because the evidence supported findings that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and that termination was necessary for the child's welfare.

Questions Presented

1. Whether the circuit court erred in finding that imminent danger existed when the abuse and neglect petition was filed and in removing the child from the home.
2. Whether the circuit court erred by terminating Petitioner's parental rights rather than imposing a less drastic disposition.

Disposition

affirmed