Summary
The West Virginia Supreme Court of Appeals affirmed the termination of petitioner father M.W.’s parental rights to four children. The court held that he failed to successfully complete his improvement period, did not substantially correct the conditions of abuse and neglect, and that termination was necessary for the children’s welfare.
Holdings
- The circuit court did not err in finding that Father failed to successfully complete his improvement period because he missed multiple drug screens, failed to complete parenting services, behaved in a manner that resulted in termination of visitation, and failed to remedy the unsafe home conditions.
- The circuit court did not err in finding that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future.
- Termination of Father's parental rights was proper because there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and termination was necessary for the children's welfare.
Questions Presented
- Whether the circuit court clearly erred in finding that Father failed to successfully complete his post-adjudicatory improvement period.
- Whether the circuit court clearly erred in finding that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future.
- Whether termination of Father's parental rights was necessary for the children's welfare.
Disposition
affirmed
Cases Cited (8)
- In re K.H., 235 W. Va. 254, 773 S.E.2d 20 (2015)(followed)
- Melinda H. v. William R. II, 230 W. Va. 731, 742 S.E.2d 419 (2013)(followed)
- State v. Brandon B., 218 W. Va. 324, 624 S.E.2d 761 (2005)(followed)
- State v. Edward Charles L., 183 W. Va. 641, 398 S.E.2d 123 (1990)(followed)
- In Interest of Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (1996)(followed)
- In re Cecil T., 228 W. Va. 89, 717 S.E.2d 873 (2011)(followed)
- In re R.J.M., 164 W. Va. 496, 266 S.E.2d 114 (1980)(followed)
- In re Kristin Y., 227 W. Va. 558, 712 S.E.2d 55 (2011)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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