In re H.P., S.W., and E.W.

Summary

The West Virginia Supreme Court of Appeals affirmed the Mercer County Circuit Court’s termination of the petitioner father’s parental, custodial, and guardianship rights. The Court held that sufficient evidence supported findings that the conditions of abuse and neglect were unlikely to be substantially corrected in the near future and that termination was necessary for the children’s welfare.

Holdings

1. The circuit court did not err in terminating Petitioner Father's parental, custodial, and guardianship rights; limiting the disposition to termination of custodial rights was not required.
2. The circuit court's findings were supported by sufficient evidence and were not clearly erroneous.

Questions Presented

1. Whether the circuit court erred by terminating Petitioner Father's parental, custodial, and guardianship rights rather than terminating only his custodial rights.
2. Whether 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 of Father's rights was necessary for the children's welfare.

Disposition

affirmed