In re S.W.

Summary

The Supreme Court of Appeals of West Virginia affirmed an order terminating the parental rights of petitioner father S.J. in an abuse and neglect proceeding involving his untreated drug addiction, noncompliance with services, and repeated incarcerations. The court held that the record supported findings that there was no reasonable likelihood the conditions of abuse and neglect could be substantially corrected in the near future and that termination was necessary for the child’s welfare.

Holdings

1. The evidence supported the circuit court's finding that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and that termination of S.J.'s parental rights was necessary for the child's welfare.
2. Termination of parental rights may be ordered without first employing less-restrictive alternatives when there is no reasonable likelihood that the conditions of abuse or neglect can be substantially corrected and termination is necessary for the child's welfare.

Questions Presented

1. Whether the circuit court erred by terminating S.J.'s parental rights rather than imposing a less-restrictive dispositional alternative.
2. Whether the evidence supported findings that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and that termination was necessary for the child's welfare.

Disposition

affirmed