In re A.W. and J.P.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of petitioner father C.P.’s parental rights to A.W. and J.P. The court rejected challenges to the circuit court’s credibility determination, its references to A.W. as a victim before the close of evidence, the filing of an amended petition, and the sufficiency of the evidence supporting termination. The court concluded that petitioner failed to comply with court-ordered alcohol restrictions and contact prohibitions, and that there was no reasonable likelihood that the conditions of abuse or neglect could be substantially corrected.

Holdings

1. The circuit court did not clearly err in finding A.W. credible and adjudicating C.P. an abusing parent based on his sexual propositions to A.W.
2. The circuit court's references to A.W. as a victim before the close of adjudicatory evidence did not constitute prejudicial error.
3. Any error in permitting the guardian ad litem to file the amended petition was harmless because the circuit court did not adjudicate C.P. based on the amended allegations.
4. The circuit court properly terminated C.P.'s parental rights because there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and termination was necessary for the children's welfare.

Questions Presented

1. Whether the circuit court clearly erred in finding that C.P. sexually propositioned A.W.
2. Whether the circuit court improperly referred to A.W. as a victim before the close of adjudicatory evidence.
3. Whether the circuit court erred in permitting the guardian ad litem to file an amended petition.
4. Whether any error in permitting the amended petition was prejudicial when C.P. was not adjudicated on the amended allegations.
5. Whether the evidence supported termination of C.P.'s parental rights.

Disposition

affirmed