In re: I.W. and K.W.

Supreme Court of Appeals of West Virginia · April 12, 2016 · No. No. 15-1097

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of R.W.’s parental rights to I.W. and K.W. The court held that he failed to demonstrate by clear and convincing evidence that he was likely to fully participate in a post-adjudicatory improvement period, citing his noncompliance with services and failure to accept responsibility for the conditions of abuse and neglect. The court also upheld the finding that there was no reasonable likelihood that those conditions could be substantially corrected.

Holdings

  1. The circuit court properly denied the father's motion because he failed to demonstrate by clear and convincing evidence that he was likely to fully participate in a post-adjudicatory improvement period.
  2. The circuit court did not err in finding no reasonable likelihood that the conditions of abuse or neglect could be substantially corrected.

Questions Presented

  1. Whether the circuit court erred in denying the father's motion for a post-adjudicatory improvement period.
  2. Whether the circuit court erred in finding that there was no reasonable likelihood that the conditions of abuse or neglect could be substantially corrected.

Disposition

affirmed

Cases Cited (4)

  • 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 Timber M., 231 W. Va. 44, 55, 743 S.E.2d 352, 363 (2013)(followed)
  • In re: Charity H., 215 W. Va. 208, 217, 599 S.E.2d 631, 640 (2004)(followed)

Cited In (0)

No citing cases on record yet.

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