In re: I.M.

No. 16-0175 (W. Va. Sept. 6, 2016) · Supreme Court of Appeals of West Virginia · September 6, 2016 · No. No. 16-0175

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of petitioner father C.M.’s parental rights to I.M. The Court held that the circuit court did not err in denying an extension of the post-dispositional improvement period or in finding no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected.

Holdings

  1. The circuit court did not err in denying petitioner's request for an extension because petitioner failed to correct his domestic violence behaviors despite more than a year of services, and an additional three months of services would yield no benefit.
  2. The circuit court did not err in terminating petitioner's parental rights because the evidence established no reasonable likelihood that he could substantially correct the conditions of abuse and neglect in the near future, and termination was necessary for the child's welfare.

Questions Presented

  1. Whether the circuit court erred by denying petitioner's request to extend his post-dispositional improvement period.
  2. Whether the circuit court erred by terminating petitioner's parental rights after finding no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future.

Disposition

affirmed

Cases Cited (3)

  • In Interest of Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (1996)(followed)
  • In re Cecil T., 228 W. Va. 89, 717 S.E.2d 873 (2011)(followed)
  • In re R.J.M., 164 W. Va. 496, 266 S.E.2d 114 (1980)(followed)

Cited In (0)

No citing cases on record yet.

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