In re A.H., N.H., and T.H.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of petitioner father F.S.’s parental rights to three children. The court held that he waived his challenge to the adjudication by stipulating to neglect and that the record supported findings that he failed to substantially comply with his improvement period and could not correct the conditions of neglect in the near future. The court also concluded that termination was warranted without a less-restrictive disposition.

Holdings

1. Father waived his appellate challenge to whether the DHHR proved abuse or neglect because he knowingly, intelligently, and voluntarily stipulated to the petition's allegations and did not object to the adjudication or seek dismissal below.
2. The circuit court properly found that there was no reasonable likelihood that Father could substantially correct the conditions of neglect in the near future.
3. The circuit court properly found that termination of Father's parental rights was necessary for the children's welfare.
4. A circuit court may terminate parental rights without first imposing less-restrictive alternatives when there is no reasonable likelihood that the conditions of neglect or abuse can be substantially corrected.

Questions Presented

1. Whether Father waived his challenge to the underlying abuse and neglect adjudication by knowingly stipulating to the allegations and failing to object or seek dismissal below.
2. Whether the circuit court clearly erred in finding no reasonable likelihood that Father could substantially correct the conditions of neglect in the near future.
3. Whether termination of Father's parental rights was necessary for the children's welfare.
4. Whether the circuit court was required to impose a less-restrictive disposition before terminating Father's parental rights.

Disposition

affirmed