In re S.B., A.B., and K.B.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner father R.B.'s parental rights to S.B., A.B., and K.B. The court held that the circuit court properly denied a post-adjudicatory improvement period because the father failed to provide clear and convincing evidence that he was likely to fully participate. It also upheld termination, finding that the conditions of abuse and neglect were not reasonably likely to be substantially corrected because the father failed to acknowledge his role in exposing the children to child pornography.

Holdings

1. The circuit court properly denied petitioner's motion because a parent seeking a post-adjudicatory improvement period must demonstrate by clear and convincing evidence that the parent is likely to fully participate, and petitioner presented no evidence supporting that showing.
2. Direct evidence that petitioner personally exposed the children to child pornography was not necessary; allowing the children access to the computer on which petitioner kept the pornography was sufficient to threaten their welfare.
3. Termination of petitioner's parental rights was proper because the circuit court correctly found no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected and that termination was necessary for the children's welfare.

Questions Presented

1. Whether the circuit court erred in denying petitioner'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 and neglect could be substantially corrected.
3. Whether termination of petitioner's parental rights was necessary for the children's welfare.

Disposition

affirmed