In Re: B.W.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of a father's parental, custodial, and guardianship rights to B.W. The court held that the record supported findings that the conditions of neglect could not be substantially corrected, where the father relapsed after extended drug-treatment improvement periods and failed to fully benefit from services.

Holdings

1. The circuit court did not err in terminating petitioner's parental, custodial, and guardianship rights because the record supported a finding that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future, and termination was necessary for the child's welfare.
2. In an abuse and neglect case tried without a jury, the circuit court's factual findings are reviewed for clear error, while conclusions of law are reviewed de novo.

Questions Presented

1. Whether the circuit court erred by terminating petitioner's parental rights when less restrictive alternatives, including termination only of custodial rights, allegedly were available.
2. Whether the evidence supported the circuit court's finding that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future.

Disposition

affirmed