In re B.S. and A.S.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of a father's parental rights to B.S. and A.S. The court held that he failed to demonstrate a substantial change in circumstances warranting a post-dispositional improvement period and that the conditions of abuse and neglect were unlikely to be substantially corrected. The court concluded that termination without a less-restrictive alternative was supported by the record.

Holdings

1. A parent who was previously granted an improvement period must demonstrate a substantial change in circumstances and that, because of the change, the parent is likely to fully participate in a post-dispositional improvement period. The father failed to make either showing, so the circuit court properly denied his motion.
2. Termination of parental rights was authorized 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.
3. Termination of parental rights may be imposed without intervening less-restrictive alternatives when there is no reasonable likelihood that the conditions of abuse or neglect can be substantially corrected.

Questions Presented

1. Whether the circuit court erred by denying the father's motion for a post-dispositional improvement period.
2. Whether the circuit court erred by terminating the father's parental rights without first employing a less-restrictive dispositional alternative.

Disposition

affirmed