In re: A.C. and O.C.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of petitioner father W.C.'s custodial rights to A.C. and O.C. in an abuse and neglect proceeding. The court upheld the circuit court's finding that W.C. physically abused O.C. and concluded that he failed to substantially comply with improvement-period services, supporting termination under West Virginia law. The court also declined to address one assignment of error that lacked adequate legal authority.

Holdings

1. The circuit court did not clearly err in finding that W.C. physically abused O.C.; the eyewitness testimony, corroborated by the DHHR worker's observation of redness and bruising, was sufficient to establish abuse.
2. Termination was proper because W.C. failed to comply with the terms of his improvement periods, there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future, and termination was in the children's best interests.
3. The court declined to address the issue as inadequately developed because W.C. failed to cite legal authority as required by Rule 10(c)(7) of the West Virginia Rules of Appellate Procedure. In any event, the record supported the circuit court's physical-abuse finding.

Questions Presented

1. Whether the circuit court clearly erred in finding that W.C. physically abused O.C.
2. Whether the circuit court erred by terminating W.C.'s custodial and parental rights when he claimed to have complied with the terms of his improvement periods.
3. Whether the circuit court erred by refusing to recognize that its physical-abuse finding was incorrect because O.C. had autism.

Disposition

affirmed