In re: H.W.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of petitioner father D.W.’s parental rights to H.W. The court held that the evidence supported adjudicating him as an abusing parent, that he waived his challenge concerning the absence of a separate family case plan, and that the circuit court properly denied an improvement period and terminated parental rights.

Holdings

1. The circuit court did not err in adjudicating D.W. an abusing parent because the evidence showed that he knew H.W. had been sexually abused and failed to take action to protect H.W. from further abuse.
2. The circuit court did not err in proceeding to disposition because the DHHR's dispositional hearing report contained the information required for a family case plan, was filed one month before the dispositional hearing, and was not objected to by D.W.
3. The circuit court properly denied an improvement period and terminated D.W.'s parental rights because he failed to show by clear and convincing evidence that he was likely to participate in an improvement period, there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future, and termination was in H.W.'s best interest.

Questions Presented

1. Whether the circuit court had sufficient evidence to adjudicate D.W. an abusing parent.
2. Whether the circuit court could proceed to disposition when the DHHR had not filed a document formally designated as a family case plan.
3. Whether the circuit court erred by denying an improvement period and terminating D.W.'s parental rights when allegedly less restrictive dispositional alternatives were available.

Disposition

affirmed