In re S.S.-1, A.S., S.S.-2, and G.S.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of petitioner father's parental rights in an abuse and neglect proceeding. The court declined to recognize a claim of ineffective assistance of counsel in abuse and neglect proceedings and held that the alleged deficiencies did not warrant relief under the circumstances.

Holdings

1. The court declined to recognize a claim of ineffective assistance of counsel in an abuse and neglect proceeding.
2. Petitioner was not entitled to relief because the asserted deficiencies did not establish ineffective assistance or prejudicial error.

Questions Presented

1. Whether West Virginia recognizes a claim of ineffective assistance of counsel in an abuse and neglect proceeding.
2. Whether counsel's alleged failures to present evidence concerning prior CPS investigations, make an argument at the close of adjudicatory evidence, and challenge the sufficiency of the evidence constituted ineffective assistance requiring relief.

Disposition

affirmed