In re B.B.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner father D.B.'s parental rights to B.B. The court held that the evidence supported findings that he failed to protect the child from the mother's substance abuse, failed to provide necessary medical care, and was unable or unwilling to correct the conditions of abuse and neglect. The court also concluded that termination was warranted without less restrictive alternatives because there was no reasonable likelihood of substantial correction in the near future.

Holdings

1. The circuit court properly found that petitioner demonstrated an inadequate capacity to correct the conditions of abuse and neglect because he failed to acknowledge the child's untreated medical condition, developmental delays, and the mother's substance abuse.
2. Parental rights may be terminated when there is no reasonable likelihood that the conditions of neglect or abuse can be substantially corrected in the near future and termination is necessary for the child's welfare; the circuit court satisfied that standard here.
3. The absence of services did not require reversal because petitioner remained incarcerated throughout the proceedings, was unable to participate in services, and independently rendered services or an improvement period futile by failing to acknowledge the abuse and neglect.
4. Termination of parental rights may be employed 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's findings supported termination of petitioner's parental rights.
2. Whether termination was proper when petitioner disputed the existence of abuse and neglect and the DHHR did not provide him services while he was incarcerated.
3. Whether the circuit court could terminate parental rights without employing less restrictive alternatives after finding no reasonable likelihood that the conditions of abuse or neglect could be substantially corrected in the near future.

Disposition

affirmed