In re: A.S.-1, L.S., A.S.-2, B.C., B.R., C.R., I.S., D.S., and M.S.

Summary

The West Virginia Supreme Court of Appeals reviewed a father’s appeal from an order terminating his parental, custodial, and guardianship rights in an abuse and neglect proceeding. The court affirmed the termination as to six children, concluding that the father received a meaningful improvement period and failed to comply with its terms. The matter was remanded for findings of fact and conclusions of law concerning three additional children.

Holdings

1. Petitioner was provided a meaningful improvement period, and the circuit court properly terminated his rights after he understood the clearly defined requirements, violated those requirements through alcohol-related conduct, and failed to demonstrate the ability to correct the conditions of abuse and neglect.
2. The matter must be remanded for the circuit court to enter an amended order containing findings of fact and conclusions of law regarding the dispositions of I.S., D.S., and M.S.
3. Legal conclusions are reviewed de novo, while factual findings are reviewed for clear error and will be upheld if plausible in light of the record viewed as a whole.

Questions Presented

1. Whether the circuit court erred by terminating petitioner's parental, custodial, and guardianship rights without providing him a meaningful improvement period.
2. Whether the circuit court's dispositional order was legally sufficient when it failed to include findings of fact and conclusions of law concerning I.S., D.S., and M.S.

Disposition

reversed_and_remanded