In re T.H.-1, A.H.-1, B.P., and A.H.-2

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of a father’s parental rights in an abuse and neglect proceeding. The court held that continued substance abuse, failure to maintain appropriate housing, and inadequate parenting demonstrated no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected, making termination an appropriate disposition without a less-restrictive alternative.

Holdings

1. The circuit court properly found that there was no reasonable likelihood petitioner could substantially correct the conditions of abuse and neglect in the near future and that termination of his parental rights was necessary for the children's welfare.
2. Termination of parental rights may be employed 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 terminating petitioner's parental rights rather than using a less-restrictive dispositional alternative.
2. 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