In re J.R.-S., M.R.-S., and T.S.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of petitioner father A.R.-S.'s parental rights to three children. The court held that he did not demonstrate a substantial change in circumstances warranting a post-dispositional improvement period and that the record supported findings that the conditions of abuse and neglect could not be substantially corrected in the near future. The court issued a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. Father was not entitled to a post-dispositional improvement period because, having previously received an improvement period, he failed to prove a substantial change in circumstances and that he was likely to fully participate in another improvement period.
2. Termination of Father's parental rights was proper 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.
3. Termination of parental rights may be imposed without intervening less-restrictive alternatives when there is no reasonable likelihood that the conditions of neglect or abuse can be substantially corrected.

Questions Presented

1. Whether the circuit court erred by denying or failing to grant Father a post-dispositional improvement period.
2. Whether the circuit court erred by terminating Father's parental rights rather than using a less-restrictive dispositional alternative.
3. Whether the evidence supported findings that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and that termination was necessary for the children's welfare.

Disposition

affirmed