In re: A.N. and N.N.-1

Summary

The West Virginia Supreme Court of Appeals affirmed the Mercer County Circuit Court’s order terminating petitioner father N.N.-2’s parental rights to A.N. and N.N.-1. The court held that the father failed to comply with his improvement-period requirements, including substance-abuse treatment, adult life-skills classes, visitation, and drug screening, and that there was no reasonable likelihood he could substantially correct the conditions of abuse and neglect. The decision also reminded the circuit court of its obligations concerning permanent placement and periodic review.

Holdings

1. Termination of petitioner's parental rights was proper because he failed to comply with his improvement-period requirements, establishing no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future, and the children's welfare required termination.
2. The circuit court did not err by terminating petitioner's parental rights rather than limiting the disposition to custodial rights.
3. The circuit court's findings were not clearly erroneous.

Questions Presented

1. Whether the circuit court erred by terminating petitioner's parental rights when termination of his custodial rights allegedly would have been the least-restrictive alternative.
2. Whether the evidence supported findings that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and that termination was necessary for the children's welfare.

Disposition

affirmed