In re M.H. & K.H.

No. 13-0647 (W. Va. Nov. 26, 2013) · Supreme Court of Appeals of West Virginia · November 26, 2013 · No. No. 13-0647

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of a father's parental rights to M.H. and K.H. The court held that the circuit court properly terminated his improvement period and parental rights after he failed to remain drug-free, missed drug screens, and did not participate in required services.

Holdings

  1. The circuit court properly terminated Father's improvement period because he failed to participate in its requirements, including remaining drug-free and submitting to scheduled drug testing.
  2. The termination of Father's parental rights was not clearly erroneous because the record supported the finding that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the future.

Questions Presented

  1. Whether the circuit court clearly erred by terminating Father's post-adjudicatory improvement period rather than providing additional drug counseling or rehabilitative services.
  2. Whether the circuit court erred in terminating Father's parental rights after finding no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future.

Disposition

affirmed

Cases Cited (2)

  • In Interest of Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (1996)(followed)
  • In re Cecil T., 228 W. Va. 89, 717 S.E.2d 873 (2011)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

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