In Re: H.F.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of the petitioner mother’s parental, custodial, and guardianship rights in an abuse and neglect proceeding. The court held that the circuit court had sufficient evidence to find no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected and that termination was necessary for the child’s welfare.

Holdings

1. The circuit court did not err in terminating petitioner's parental, custodial, and guardianship rights because sufficient 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.
2. The absence of allegations that petitioner personally committed violence or substance abuse did not preclude termination where the evidence established that she allowed domestic violence and substance abuse to continue and failed to protect the child.

Questions Presented

1. Whether the circuit court erred by terminating petitioner's parental, custodial, and guardianship rights when the allegations did not establish that petitioner herself committed violence or substance abuse.
2. Whether the circuit court should have terminated only petitioner's custodial rights because petitioner would continue to have contact with the child through the child's placement with the maternal grandparents.
3. Whether the circuit court clearly erred in finding 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.

Disposition

affirmed