In re R.S.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of the petitioner father's parental rights to R.S. The court held that, despite eighteen months of improvement periods and various services, the father had been unable to provide a safe and suitable home, and there was no reasonable likelihood that the conditions of neglect could be substantially corrected. The court also rejected the request for an additional improvement period and found no error concerning consultation with R.S.

Holdings

1. The circuit court did not err in terminating C.S.'s parental rights because, after eighteen months of improvement periods and the provision of services, C.S. remained unable to provide a safe and suitable home or protect and provide for R.S., establishing that there was no reasonable likelihood that the conditions of neglect or abuse could be substantially corrected.
2. C.S. was not entitled to an additional improvement period because the statutory time limits generally prohibit combinations of improvement periods or extensions that keep a child in foster care for more than fifteen of the most recent twenty-two months absent compelling circumstances shown by clear and convincing evidence.
3. The circuit court did not err even if R.S. was not consulted because he was thirteen at the time of disposition, while the statute expressly requires consideration of the wishes of a child fourteen or older or otherwise of an age of discretion as determined by the court, and the record did not establish that R.S. possessed the requisite discretion.

Questions Presented

1. Whether the circuit court erred by terminating C.S.'s parental rights rather than imposing a less restrictive disposition.
2. Whether C.S. was entitled to an additional improvement period or extension of time.
3. Whether the circuit court erred by failing to consult R.S. regarding the permanent termination of C.S.'s parental rights.

Disposition

affirmed