Summary
The Supreme Court of Appeals of West Virginia affirmed the termination of a father's parental rights to three children in an abuse and neglect proceeding. The Court held that the circuit court did not abuse its discretion in denying a post-adjudicatory improvement period because the father failed to demonstrate that he was likely to fully participate, and that termination was supported by findings that the conditions of abuse or neglect could not be substantially corrected.
Holdings
- The circuit court did not abuse its discretion in denying Father a post-adjudicatory improvement period because he failed to demonstrate by clear and convincing evidence that he was likely to fully participate.
- Termination of Father's parental rights was proper because the circuit court found that there was no reasonable likelihood that the conditions of abuse or neglect could be substantially corrected in the near future and that the children's welfare required termination.
Questions Presented
- Whether the circuit court erred by terminating Father's parental rights rather than granting him a post-adjudicatory improvement period.
- Whether the circuit court properly found that there was no reasonable likelihood that the conditions of abuse or neglect could be substantially corrected in the near future and that termination was required by the children's welfare.
Disposition
affirmed
Cases Cited (8)
- In Interest of Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (1996) (Syl. Pt. 1)(followed)
- In re Cecil T., 228 W. Va. 89, 717 S.E.2d 873 (2011) (Syl. Pt. 1)(followed)
- In re Emily, 208 W. Va. 325, 339, 540 S.E.2d 542, 556 (2000)(followed)
- In re Travis W., 206 W. Va. 478, 525 S.E.2d 669 (1999) (Syl. Pt. 1, in part)(followed)
- Michael D.C. v. Wanda L.C., 201 W. Va. 381, 388, 497 S.E.2d 531, 538 (1997)(followed)
- Gebr. Eickhoff Maschinenfabrik Und Eisengieberei mbH v. Starcher, 174 W. Va. 618, 626 n. 12, 328 S.E.2d 492, 500 n. 12 (1985)(followed)
- In re Tonjia M., 212 W. Va. 443, 448, 573 S.E.2d 354, 359 (2002)(followed)
- In re Katie S., 198 W. Va. 79, 479 S.E.2d 589 (1996) (Syl. Pt. 7, in part)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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