In re J.S.-1, K.S., and M.S.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner father's parental rights to three children in a child abuse and neglect proceeding. The court held that the circuit court properly found no reasonable likelihood that the conditions of neglect or abuse could be substantially corrected, based on the father's relapse into substance abuse and inconsistent visitation after extensive services. The court also rejected the challenge to post-termination visitation because the circuit court had permitted the children's mothers to determine whether visitation would occur and under what conditions.

Holdings

1. The circuit court did not err in terminating petitioner's parental rights without granting additional time to complete his improvement period because petitioner identified no services he was denied and his relapse and missed drug screens demonstrated that he had not successfully completed the improvement period.
2. The circuit court properly terminated petitioner's parental rights because his relapse after extensive services and his failure to maintain consistent visitation supported the finding that there was no reasonable likelihood that the conditions of neglect or abuse could be corrected in the near future.
3. The circuit court did not deny petitioner post-termination visitation because its final order expressly permitted future contact or visitation at the discretion of the children's respective mothers.

Questions Presented

1. Whether the circuit court terminated petitioner's parental rights without giving him a meaningful opportunity to complete his improvement period.
2. Whether the circuit court erred in denying petitioner post-termination visitation.
3. Whether the evidence supported a finding that there was no reasonable likelihood that the conditions of neglect or abuse could be substantially corrected in the near future.

Disposition

affirmed