In re J.H. and C.H.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner father A.H.’s parental rights to J.H. and C.H. The court held that he failed to demonstrate a substantial change in circumstances warranting a post-dispositional improvement period, had not substantially complied with his post-adjudicatory improvement period, and presented no reasonable likelihood of correcting the conditions of abuse and neglect. The court also held that termination was appropriate without a less-restrictive alternative because it was necessary for the children’s welfare and permanency.

Holdings

1. The circuit court properly denied Father's request for a post-dispositional improvement period because he failed to prove a substantial change in circumstances since the initial improvement period and failed to show that he was likely to fully participate in another improvement period.
2. The circuit court properly found that there was no reasonable likelihood that Father could substantially correct the conditions of abuse and neglect in the near future.
3. Termination of Father's parental rights was proper because there was no reasonable likelihood that the conditions of abuse or neglect could be substantially corrected in the near future and termination was necessary for the children's welfare; intervening less-restrictive alternatives were not required.

Questions Presented

1. Whether the circuit court abused its discretion by denying Father's motion for a post-dispositional improvement period.
2. Whether the circuit court clearly erred in finding no reasonable likelihood that Father could substantially correct the conditions of abuse and neglect in the near future.
3. Whether the circuit court erred by terminating Father's parental rights instead of using a less-restrictive dispositional alternative.

Disposition

affirmed