In Re: C.S., M.S., & M.S.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner father R.S.'s parental rights to three children following findings that he abused and neglected the children and could not substantially correct the conditions of abuse or neglect. The court also upheld the denial of a formal post-termination visitation right, while permitting the children's nonabusing mothers to allow supervised contact at their discretion and in accordance with the children's best interests.

Holdings

1. The circuit court did not err in terminating Father's parental rights because it found no reasonable likelihood that Father could substantially correct the conditions of abuse and neglect and found that termination was necessary for the children's welfare. The parental rights of one parent may be terminated while the rights of a nonabusing parent remain intact.
2. The circuit court did not err in denying Father a right of post-termination visitation because the record supported the determination that visitation was not in the children's best interests.

Questions Presented

1. Whether the circuit court erred by terminating Father's parental rights when the children were in the custody of their nonabusing mothers and a less restrictive disposition allegedly was available.
2. Whether the circuit court erred by denying Father a right to post-termination visitation.

Disposition

affirmed