In re: S.B. and A.W.

In re S.B. and A.W. · Supreme Court of Appeals of West Virginia · June 16, 2017 · No. 17-0220

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner father C.W.’s parental rights to S.B. and A.W. The court held that he failed to demonstrate improvement, did not initiate or participate in offered services, and that the West Virginia Department of Health and Human Resources provided reasonable services.

Holdings

  1. The circuit court did not clearly err in finding that petitioner failed to improve his ability to properly parent the children.
  2. The circuit court did not err in denying petitioner visitation because visitation was not in the children's best interests.
  3. The DHHR provided reasonable services to petitioner.
  4. The circuit court properly denied petitioner a post-adjudicatory improvement period.
  5. Termination of petitioner's parental rights was proper because there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected and termination was necessary for the children's welfare.

Questions Presented

  1. Whether the circuit court erred in finding that petitioner failed to improve his ability to properly parent the children.
  2. Whether the DHHR provided reasonable rehabilitative services.
  3. Whether the circuit court erred in denying petitioner a post-adjudicatory improvement period.
  4. Whether termination of petitioner's parental rights was proper.

Disposition

affirmed

Cases Cited (12)

  • In re K.H., 235 W. Va. 254, 773 S.E.2d 20 (2015)(followed)
  • Melinda H. v. William R. II, 230 W. Va. 731, 742 S.E.2d 419 (2013)(followed)
  • State v. Brandon B., 218 W. Va. 324, 624 S.E.2d 761 (2005)(followed)
  • State v. Edward Charles L., 183 W. Va. 641, 398 S.E.2d 123 (1990)(followed)
  • 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)
  • Michael K.T. v. Tina L.T., 182 W. Va. 399, 387 S.E.2d 866 (1989)(followed)
  • Kristopher O. v. Mazzone, 227 W. Va. 184, 706 S.E.2d 381 (2011)(followed)
  • In re Timber M., 231 W. Va. 44, 743 S.E.2d 352 (2013)(followed)
  • In re Charity H., 215 W. Va. 208, 599 S.E.2d 631 (2004)(followed)

Showing top 10 of 12.

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…